Document ID: chunk:federal_register_of_legislation:F2021C00104:schedule:1:p30
Version: federal_register_of_legislation:F2021C00104
Segment Type: schedule
Provision Reference: sch 1 (pt 30/43)
Character Range: 91202–93995

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 has been an anti‑doping rule violation by the participant or non‑participant, the CEO must make an assertion that there has been an anti‑doping rule violation by the participant or non‑participant.
 (3) An assertion made in relation to a participant or non‑participant under subclause (2) must be in writing and contain the following information:
 (a) the name of the participant or non‑participant;
 (b) in the case of a participant who is an athlete:
 (i) the athlete's date of birth; and
 (ii) the athlete's sport;
 (c) the nature of the assertion;
 (d) the date of the anti‑doping rule violation;
 (e) any other details relevant to the assertion of the anti‑doping rule violation that the CEO considers appropriate.
 (4) The CEO must give written notice to the participant or non‑participant of the CEO's decision to make the assertion. The notice:
 (a) must be accompanied by a copy of the assertion; and
 (b) must state the persons or organisations to whom the CEO must or may give written notification of the assertion; and
 (c) must include the details required to be included in a letter of charge under Article 7.1 of the International Standard for Results Management; and
 (d) may include any other details that the CEO considers relevant.

CEO does not make assertion
 (5) If the CEO is not satisfied that there has been an anti‑doping rule violation by the participant or non‑participant, the CEO must decide not to make an assertion in relation to the participant or non‑participant. The CEO must give written notice of the CEO's decision to the participant or non‑participant and to any anti‑doping organisation that has a right to appeal the decision under Article 13.2.3 of the World Anti‑Doping Code.

4.13  Presentation of cases
 (1) For paragraph 13(1)(k) of the Act, the CEO may present the following at a hearing of the Court of Arbitration for Sport or another sporting tribunal:
 (a) an assertion;
 (b) a recommendation by the CEO in relation to an assertion;
 (c) any other additional information.
 (1A) The CEO may do so at the request of a sporting administration body or on the CEO's own initiative.
 (2) With the approval of the CEO, a sporting administration body may present an assertion to the Court of Arbitration for Sport or another sporting tribunal.
 (3) Giving an approval under subclause (2) does not prevent the CEO from appearing before, or giving information to, the sporting tribunal.

Division 4.4—Disclosure of information

4.17  Notifying sporting administration bodies etc.