Document ID: chunk:federal_register_of_legislation:F2021C00104:schedule:1:p27
Version: federal_register_of_legislation:F2021C00104
Segment Type: schedule
Provision Reference: sch 1 (pt 27/43)
Character Range: 83494–86281

137.1 or 137.2 of the Criminal Code that relates to the Act; or
 (v) proceedings in connection with the Act or regulations made under the Act;
 (e) a statement that proceedings (however described) before a sporting administration body or the Court of Arbitration for Sport or other sporting tribunal that relate to sports doping and safety matters are proceedings in connection with the Act or regulations made under the Act.

3.26C  Form and conduct of an interview
 (1) For paragraph 13A(2)(b) of the Act, this clause provides for the form and conduct of an interview that has been required under clause 3.26B.

Form of interview
 (2) The person conducting the interview (the interviewer) may arrange for the interview to be conducted in person or in another form.
Examples: A teleconference or videoconference.
 (3) The interviewer may arrange for the interview to be recorded in any form.

Assistance of another person or other persons
 (4) Subject to subclauses (5) and (6):
 (a) a person (the interviewee) who is given a disclosure notice and is at least 18 may be accompanied for the purposes of the interview by one other person; and
 (b) a person (the interviewee) who is given a disclosure notice and is under 18 may be accompanied for the purposes of the interview by:
 (i) one other person; or
 (ii) a qualified legal practitioner representing the interviewee and one other person who is not a qualified legal practitioner representing the interviewee.
Note: If the interviewee is under 18, the interviewee should consider being accompanied by the interviewee's parent or guardian.
 (5) If the interviewee does not notify the CEO of the name of another person in accordance with the disclosure notice, the interviewer may decide whether to allow the interviewee to be accompanied for the purposes of the interview by another person who is not a qualified legal practitioner representing the interviewee.
Note: See paragraph 3.26B(6)(g).
 (6) If the interviewer or the CEO reasonably believes that the presence of a person who proposes to accompany an interviewee, or is accompanying the interviewee, may compromise, hinder or obstruct an investigation, the interviewer:
 (a) must inform the interviewee of that belief; and
 (b) must inform the interviewee that the other person:
 (i) cannot attend the interview; or
 (ii) can no longer attend the interview; and
 (c) must not allow the other person to:
 (i) attend the interview; or
 (ii) continue to attend the interview; and
 (d) must give the interviewee a reasonable opportunity to propose another person to accompany the interviewee for the purposes of the interview; and
 (e) may suspend the interview until the interviewee has arranged for another person.
Examples: Possible grounds on which the interviewer or the CEO