(1) The Agency may, in
accordance with a drug testing scheme—
(a)
request a State competitor to provide a sample to the Agency; and
(b) make
any other ancillary request of the competitor; and
(c) if
it appears to the Agency that the competitor is likely to fail to comply with
a request to provide a sample, tell any relevant sporting organisation of the
likely failure, with a view to the organisation persuading the competitor to
comply with the request; and
(d) seek
information from any relevant sporting organisation about any claim of the
competitor that he or she has retired from sporting competition.
(2) The Agency must
notify the competitor in accordance with the scheme of the possible
consequences of failure to comply with a request to provide a sample.
(3) The competitor
will be taken to have failed to comply with the request to provide a sample if
and only if—
(a) the
competitor fails to provide a sample as required; or
(b) the
competitor fails to complete or sign any form required under the scheme to be
completed or signed by the competitor; or
(c)
after providing the sample, the competitor—
(i)
fails to do something in relation to the sample that is
required under the scheme to be done by the competitor; or
(ii)
does something in relation to the sample that the
competitor is required under the scheme not to do.
(4) A person incurs no
criminal or civil liability by reason only of failing to comply with a request
to provide a sample.
(5) The Agency will,
in accordance with the drug testing scheme, cause a sample provided by a
State competitor to be tested and will follow the procedures set out in the
scheme for dealing with samples.