Document ID: chunk:federal_register_of_legislation:F2021C00104:schedule:1:p29
Version: federal_register_of_legislation:F2021C00104
Segment Type: schedule
Provision Reference: sch 1 (pt 29/43)
Character Range: 88462–91474

not affect the validity of the investigation.

Part 4—Results management

Division 4.1—Adverse analytical findings

4.01  Review by CEO
 (1) If:
 (a) the CEO receives notice from a recognised laboratory of an atypical finding or an adverse analytical finding in relation to an A sample provided by an athlete; and
 (b) the CEO has, or accepts, results management authority in relation to the sample;
the CEO must deal with the finding in accordance with the International Standard for Results Management.
 (2) A reference in that standard to a set deadline or short deadline is taken to be a reference to the response period.

Division 4.2—Other anti‑doping rule violations

4.07A  Dealing with possible non‑presence anti‑doping rule violation

Application of clause
 (1) This clause applies if:
 (a) the CEO receives evidence or information showing a possible non‑presence anti‑doping rule violation in relation to:
 (i) a participant who is a national‑level athlete, an international‑level athlete or a support person; or
 (ii) a non‑participant; and
 (c) following a review of the evidence or information, the CEO determines there has been a possible non‑presence anti‑doping rule violation.
 (1A) This clause also applies if:
 (a) the CEO receives evidence or information showing a possible non‑presence anti‑doping rule violation in relation to a participant; and
 (b) the participant is an athlete who is neither a national‑level athlete nor an international‑level athlete; and
 (c) following a review of the evidence or information:
 (i) if the possible non‑presence anti‑doping rule violation is one under clause 2.01C or 2.01E—the CEO determines there has been a possible non‑presence anti‑doping rule violation; or
 (ii) in any other case—the CEO determines there has been a possible non‑presence anti‑doping rule violation and determines the possible violation warrants action by the CEO.

Dealing with possible non‑presence anti‑doping rule violation
 (2) The CEO must deal with the possible non‑presence anti‑doping rule violation in accordance with the International Standard for Results Management.
 (3) A reference in that standard to a set deadline or short deadline is taken to be a reference to the response period.
 (4) The CEO may withhold details from the notification referred to in Article 5.3.2.1 of the International Standard for Results Management if the CEO is satisfied that the disclosure of those details is reasonably likely to prejudice:
 (a) the effectiveness of the operational methods, or investigative practices or techniques, of a law enforcement body; or
 (b) a current investigation into a possible anti‑doping rule violation by another participant or non‑participant.

Division 4.3—Assertions about anti‑doping rule violations

4.08  Assertions about anti‑doping rule violations
 (2) If, after dealing with a finding as mentioned in clause 4.01 or with a possible non‑presence anti‑doping rule violation as mentioned in subclause 4.07A(2), the CEO is satisfied that there