Document ID: chunk:federal_register_of_legislation:F2021C00104:schedule:1:p12
Version: federal_register_of_legislation:F2021C00104
Segment Type: schedule
Provision Reference: sch 1 (pt 12/43)
Character Range: 45122–48162

substance or any prohibited method, or possession by a support person out‑of‑competition of any prohibited substance or any prohibited method that is prohibited out‑of‑competition in connection with an athlete, competition or training, constitutes a violation of an anti‑doping rule, unless the support person establishes that the possession is consistent with a therapeutic use exemption granted to an athlete in accordance with Article 4.4 of the World Anti‑Doping Code or other acceptable justification.
 (3) In the NAD scheme:
possession by a person of a prohibited substance or prohibited method means (subject to subclauses (4), (5) and (6)):
 (a) actual physical possession; or
 (b) constructive possession (which can be found only if the person has exclusive control, or intends to exercise control, over the prohibited substance or prohibited method, or the premises in which the prohibited substance or prohibited method exists).
 (4) Despite paragraph (b) of the definition of possession in subclause (3), if a person does not have exclusive control over a prohibited substance or prohibited method, or premises in which a prohibited substance or prohibited method exists, constructive possession can only be found if the person knew about the presence of the prohibited substance or prohibited method and intended to exercise control over it.
 (5) Despite the definition of possession in subclause (3), a person is taken not to have possession of a prohibited substance or prohibited method if, before receiving notification of any kind that the person has committed an anti‑doping rule violation, the person:
 (a) has taken concrete action demonstrating that the person never intended to have possession of the prohibited substance or prohibited method; and
 (b) has renounced possession of the prohibited substance or prohibited method by explicitly declaring it to an anti‑doping organisation.
 (6) The purchase (including by any electronic or other means) of a prohibited substance or prohibited method constitutes possession by the person who makes the purchase.

2.01G  Trafficking or attempted trafficking in a prohibited substance or prohibited method by an athlete, support person or non‑participant
 (1) Trafficking or attempted trafficking in a prohibited substance or prohibited method constitutes a violation of an anti‑doping rule.
 (2) In the NAD scheme:
trafficking, in relation to a prohibited substance or prohibited method:
 (a) means selling, giving, transporting, sending, delivering or distributing (or possessing for any such purpose) a prohibited substance or prohibited method (either physically or by any electronic or other means) by a participant or non‑participant to any third party; but
 (b) does not include:
 (i) the actions of bona fide medical personnel involving a prohibited substance that is used for genuine and legal therapeutic purposes, or with other acceptable justification; or
 (ii) actions involving prohibited substances that are not prohibited in out‑of‑competition testing unless