Document ID: chunk:federal_register_of_legislation:C2004A01259:clause:1_37
Version: federal_register_of_legislation:C2004A01259
Segment Type: clause
Provision Reference: sch 1 cl 37
Character Range: 14629–16857

37  Subsection 17B(2)
Repeal the subsection, substitute:

 (2) A drug testing scheme may permit the Agency to disclose information to one or more specified sporting administration bodies if:
 (a) the information relates to any of the following circumstances that the Agency knows or has reason to believe has occurred:
 (i) a competitor failed to comply with a request of the kind mentioned in paragraph 11(2)(c) or 17ZC(1)(a);
 (ii) a competitor returned a positive test result in relation to a sample provided pursuant to a request of the kind mentioned in subparagraph (i);
 (iii) a competitor deliberately evaded an attempt to make a request of the kind mentioned in subparagraph (i);
 (iv) a competitor failed to provide information to the Agency or a sporting administration body about where the competitor can be found;
 (v) because of a failure referred to in subparagraph (iv) by a competitor, the Agency or a sporting administration body was unable to make a request of the kind mentioned in subparagraph (i) to the competitor;
 (vi) a competitor tampered with a sports drug matter covered by subparagraph 4A(2)(a)(i) or (ii) or (b)(i) or (ii), or paragraph 4A(2)(c), (d) or (e); and
 (b) the Agency has not yet decided whether or not an entry should be made on the Register of Notifiable Events for the drug testing scheme in relation to that circumstance; and
 (c) the Agency has taken reasonable steps to satisfy itself that the information will not be used or disclosed by the body, or any of the bodies, in a way that would be unfairly prejudicial to the interests of the competitor.

 (2A) If:
 (a) the Agency discloses information to a sporting administration body under provisions of a drug testing scheme covered by subsection (2); and
 (b) the Agency later decides that an entry should not be made on the Register of Notifiable Events for the scheme in relation to the circumstance concerned;
the Agency must, as soon as practicable, notify the sporting administration body of that decision.

Note: The heading to section 17B is replaced by the heading "Disclosure to sporting administration bodies of information relating to circumstances that have led or may lead to an entry being made in the Register".