New Zealand Sports Drug Agency Amendment Act 2000

1: Title
1: This Act is the New Zealand Sports Drug Agency Amendment Act 2000.
2: In this Act, the New Zealand Sports Drug Agency Act 1994 the principal Act This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006
2: Commencement
This Act comes into force on a date to be appointed by the Governor-General by Order in Council. This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006
3: Interpretation
Section 2(1) working day World Anti-Doping Agency . This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006
4: Purpose and principles
Section 3(2)(f) or the World Anti-Doping Agency This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006
5: Functions of Agency
1: Section 6(1) paragraph (a)
a: preparing, maintaining, and disseminating a schedule of—
i: drugs and doping methods that are banned for the purposes of this Act; and
ii: drugs and doping methods that are banned for the purposes of this Act except at specified permitted levels (including levels defined relative to levels of other substances); and
iii: circumstances in which specified drugs or doping methods, or levels of drugs or doping methods, that are otherwise banned for the purposes of this Act, are not banned; and
iv: evidence that the Board will accept as establishing the existence of circumstances described in subparagraph (iii) .
2: Section 6(1)(b) Committee or the World Anti-Doping Agency
3: Section 6(1) paragraph (f)
fa: collecting evidence in accordance with any procedures specified in the schedule under paragraph (a)(iv) . This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006
6: New section 6A inserted
The principal Act is amended by inserting, after section 6
6A: Review of schedule
The Agency must from time to time review the contents of the schedule maintained under section 6(1)(a) This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006
7: New section 11 substituted
The principal Act is amended by repealing section 11
11: Requirements of regulations in regards to tests
Subject to this Act, a sample provided by a competitor must be dealt with in accordance with the requirements of the regulations. This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006
8: Action following failure to provide a sample
Section 13 subsection (2)
2: For the purposes of this Act, a competitor must not be taken to have failed to comply with a request to provide a sample unless the competitor was notified in the manner required by the regulations of the requirement that he or she provide the sample. This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006
9: Determination by Board of Agency on failure to provide a sample
Section 14 subsection (2)
2: In making its determination the Board must take into consideration—
a: the nature and effect of any departure by any person from the procedures in the regulations; and
b: any submissions made by or on behalf of the competitor. This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006
10: New heading and sections 15 to 16F substituted
The principal Act is amended by repealing the heading above section 15 15 16 Positive and negative test results
15: Determination by Board as to whether specified circumstances exist
1: This section applies to a competitor who has, after the initial testing of the sample, returned a positive test result for a drug or doping method that is not banned in circumstances specified in the schedule under section 6(1)(a)(iii)
2: The Board must determine under subsection (3)
3: The Board must determine that it is established that the circumstances existed at the time the competitor was tested if either—
a: the evidence specified in the schedule under section 6(1)(a)(iv)
b: the schedule specifies other evidence under section 6(1)(a)(iv)
4: Where the Board determines that it is established that the specified circumstances existed in the competitor's case at the time the competitor was tested, the competitor's test result is, for the purposes of this Act, a negative test result returned after the initial testing of the sample.
5: Where the Board determines that it is not established that the specified circumstances existed in the competitor's case at the time the competitor was tested, the competitor's test result remains a positive test result returned after the initial testing of the sample for the purposes of this Act.
16: Notification of negative test result
Where a competitor returns a negative test result after the initial testing of the sample, the Agency must, as soon as practicable, give written notification of that result, in the prescribed form, to the competitor and to the national sporting organisation or organisations concerned.
16A: Notification of positive test result
Where a competitor returns a positive test result after the initial testing of the sample, the Agency must, as soon as practicable, give the competitor written notification in the prescribed form stating—
a: the result of the test; and
b: that further testing of the sample will be conducted by a laboratory within 4 working days after service of the notice; and
c: that the competitor may attend or have a representative attend this further testing of the sample, the attendance to be at the expense of the competitor; and
d: that if the competitor does not notify the Agency that the competitor seeks attendance or representation under paragraph (c)
e: that the competitor may, by 5 pm on the 5th working day following service of the notice, advise the Agency in writing of any matters which the competitor considers the Board of the Agency, before making a determination, should take into consideration under section 16D(a)
f: that the competitor or the competitor's representative may advise the Agency in writing of any matters concerning the second testing that it is considered the Board should take into consideration under section 16D(a)
g: if the positive test result is in respect of a drug or doping method that is not banned in circumstances specified in the schedule under section 6(1)(a)(iii)
i: the nature of those circumstances; and
ii: the nature of the evidence specified in the schedule under section 6(1)(a)(iv)
16B: Determination by Board on positive test result
1: Where the initial testing of a sample has returned a positive test result, the Board must determine whether or not the competitor has committed a doping infraction.
2: The Board must make its determination within the time limit set out in section 16C
3: When the Board is making its determination, it must take into consideration the matters set out in section 16D
4: The Board must determine that the competitor has not committed a doping infraction if it is satisfied of 1 or more of the matters set out in section 16E
5: Subject to sections 20 to 23
16C: Time limits
1: The Board must make its determination under section 16B subsection (2) or subsection (3)
2: The Board must make its determination within 7 days after the completion of the procedures where—
a: the initial testing of a sample returns a positive test result in respect of a drug or doping method, or level of drug or doping method, that is not banned in circumstances specified in the schedule under section 6(1)(a)(iii)
b: the schedule specifies procedures for the collection or interpretation, or both, of evidence in relation to the specified circumstances and the procedures require or allow the completion of the procedures after the second testing of the sample.
3: In any other case the Board must make its determination,—
a: if advice is received in accordance with both paragraphs (e) and (f) of section 16A section 16A(f) section 16A(f)
b: if advice is received in accordance with section 16A(e) section 16A(f) section 16A(f)
c: if advice is not supplied in accordance with either paragraph (e) or paragraph (f) of section 16A section 16A
16D: Matters to be taken into consideration
When the Board is making its determination under section 16B
a: take into consideration any submissions made by or on behalf of the competitor; and
b: take into consideration whether the second testing confirmed the initial test result; and
c: where the initial testing of a sample produced a positive test result in respect of a drug or doping method, or level of drug or doping method, that is not banned in circumstances specified in the schedule under section 6(1)(a)(iii)
i: any evidence specified in the schedule under section 6(1)(a)(iv)
ii: whether the evidence in subparagraph (i) section 6(1)(a)(iv)
iii: any other relevant evidence available to the Board; and
iv: any advice on the interpretation of the evidence in subparagraph (i) or subparagraph (iii) clause 12(3) of the Schedule of this Act
16E: Matters Board to be satisfied of
The matters referred to in section 16B(4)
a: the second testing of the sample has not supported the initial test result; or
b: the positive test result relates to a drug or doping method that is not banned in circumstances specified in the schedule under section 6(1)(a)(iii)
c: the sample was not tested by a laboratory; or
d: the identity or integrity of the sample or the reliability of the test result were compromised, or are likely to have been compromised, by any failure of the Agency or the laboratory to comply with the requirements of the regulations relating to the sealing of any container containing the sample or the recording of information relating to the sample; or
e: the identity or integrity of the sample or the reliability of the test result were compromised, or are likely to have been compromised, by any failure of the Agency or the laboratory to comply with the requirements of this Act or the regulations in any respect other than one described in paragraph (c) or paragraph (d)
f: the identity or integrity of the sample or the reliability of the test result were compromised, or are likely to have been compromised, by anything other than a matter described in any of paragraphs (c) to (e)
16F: Board's actions following determination on positive test result
1: Where the Board determines that a competitor has committed a doping infraction, the Agency must enter the determination on the Register in accordance with section 17(2)
2: Where the Board determines that a competitor has not committed a doping infraction, the Agency must give written notification of the determination, in the prescribed form, to the competitor and the national sporting organisation or organisations concerned. This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006
11: Notification of entry on Register
Section 18(3) failing to comply with a request to This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006
12: Competitor may appeal to District Court
1: Section 20(1) section 16 of this Act section 16B
2: Section 20(2) paragraph (b)
b: in the case of a determination under section 16B
i: the second testing of the sample did not support the initial test result; or
ii: the positive test result relates to a drug or doping method that is not banned in circumstances specified in the schedule under section 6(1)(a)(iii)
iii: the sample was not tested by a laboratory; or
iv: the Agency or the laboratory failed to comply with the requirements of the regulations relating to the sealing of any container containing the sample or the recording of information relating to the sample; or
v: the Agency or the laboratory failed to comply with the requirements of this Act or the regulations in any respect other than one described in subparagraph (iii) or subparagraph (iv)
vi: the identity or integrity of the sample or the reliability of the test result were compromised, or are likely to have been compromised, by anything other than a matter described in any of subparagraphs (iii) to (v) This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006
13: Procedures relating to appeal to District Court
Section 21 subsection (6)
6A: Without limiting subsection (6) section 22(1A) This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006
14: Decision of District Court
Section 22 subsection (1)
1A: The District Court must not quash a determination by reason of a failure referred to in subparagraph (iv) or subparagraph (v) of section 20(2)(b) This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006
15: Contract testing
1: Section 25(2) paragraph (b)
ba: testing a New Zealand competitor out-of-competition; or .
2: Section 25 subsection (4)
4: The procedures for testing under a contract or arrangement are those set out in this Act and the regulations, unless the contract or arrangement provides otherwise. This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006
16: Foreign anti-doping body may take sample for Agency
1: Section 26(2) substantially in accordance with of a similar effect to
2: Section 26 subsection (3)
3: If the Board is satisfied that the procedures carried out were of a similar effect to the procedures set out in this Act and the regulations,—
a: the Agency must notify the competitor in terms of section 13 or section 16A
b: the Board must make a determination under section 14 or section 16B This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006
17: Decisions notified by foreign anti-doping body
Section 27(1) substantially in accordance with of a similar effect to This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006
18: Regulations
Section 31(1) paragraph (a)
aa: prescribing ways in which a competitor fails to comply with a request to provide a sample, without limiting the ways in which it may appear to the Agency that a competitor has failed to comply with a request: . This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006
19: Use of experts
Clause 12 subclause (2)
2: The Agency must pay a person appointed under subclause (1)
3: The Board may, from time to time, appoint a suitably qualified person to provide it with specialist medical advice, including, but not limited to, advice on—
a: matters to be specified in the schedule under subparagraphs (iii) and (iv) of section 6(1)(a)
b: any evidence or procedures for collection or interpretation of evidence being considered by the Board under section 16D
4: A person appointed under subclause (3) This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006
20: Consequential amendments to principal Act
The principal Act is amended in the manner set out in the Schedule This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006