Document ID: chunk:federal_register_of_legislation:F2021C00104:schedule:1:p39
Version: federal_register_of_legislation:F2021C00104
Segment Type: schedule
Provision Reference: sch 1 (pt 39/43)
Character Range: 114257–117210

to a participant under subclause 4.06(2) or 4.07A(2) before the commencement of this clause; and
 (b) the ADRVP had made a decision under subclause 4.08(6) or 4.09(7) before that commencement not to make an assertion in relation to the participant;
then:
 (c) on and after that commencement, the CEO is taken to have made that decision; and
 (d) if notice had not been given under clause 4.11 in relation to that decision before that commencement—the CEO must give notice of that decision in accordance with subclause 4.08(5), as substituted by the Sport Integrity Australia Amendment (Enhancing Australia's Anti‑Doping Capability) Regulations 2020.

Notice—ADRVP assertion of possible anti‑doping rule violation
 (5) If:
 (a) a notice was given to a participant under subclause 4.06(2) or 4.07A(2) before the commencement of this clause; and
 (b) the ADRVP had made an assertion under subclause 4.09(5) before that commencement in relation to the participant;
then:
 (c) on and after that commencement, the CEO is taken to have made that assertion under subclause 4.08(2), as substituted by the Sport Integrity Australia Amendment (Enhancing Australia's Anti‑Doping Capability) Regulations 2020; and
 (d) if notice had not been given under clause 4.11 in relation to that assertion before that commencement—the CEO must give notice of that assertion in accordance with subclause 4.08(4), as substituted by the Sport Integrity Australia Amendment (Enhancing Australia's Anti‑Doping Capability) Regulations 2020; and
 (e) if notice had not been given under subclause 4.17(1) in relation to that assertion before that commencement—the CEO must give notice of that assertion in accordance with subclause 4.17(1), as amended by the Sport Integrity Australia Amendment (Enhancing Australia's Anti‑Doping Capability) Regulations 2020.

Review by Administrative Appeals Tribunal
 (6) Clause 4.12, as in force immediately before the commencement of this clause, continues to apply on and after that commencement in relation to a notice given under clause 4.11 before that commencement.

Legal proceedings
 (7) If, immediately before the commencement of this clause, the ADRVP was a party to proceedings pending in any court or tribunal, the CEO is substituted for the ADRVP as a party to the proceedings on and after that commencement.

Division 4—Amendments made by the Sport Integrity Australia Amendment (World Anti‑Doping Code Review) Regulations 2020

7.11  Classes of persons who compete in sport or have competed in sport in the last 6 months subject to the NAD scheme
  The repeal and substitution of subclause 1.06(1) of this Schedule made by Schedule 1 to the Sport Integrity Australia Amendment (World Anti‑Doping Code Review) Regulations 2020 applies in relation to competing in sport that occurs on or after the commencement of this clause.

7.12  Classes of support persons subject to the NAD scheme
  The repeal and substitution of clause 1.07 of