Document ID: chunk:federal_register_of_legislation:F2021C00104:schedule:1:p33
Version: federal_register_of_legislation:F2021C00104
Segment Type: schedule
Provision Reference: sch 1 (pt 33/43)
Character Range: 98935–101718

before the exemption is granted; and
 (c) may authorise the use of the prohibited substance or prohibited method, for therapeutic purposes, subject to specified conditions.
 (1B) The ASDMAC must give the athlete written notice of a refusal to grant the athlete any therapeutic use exemption.
 (1C) The ASDMAC may develop and implement its own procedures for the making of applications for, and the granting of, therapeutic use exemptions under subclause (1).

Review of therapeutic use exemption decisions
 (2) The ASDMAC must, on application by an athlete, review:
 (a) a decision by the ASDMAC under subclause (1) to refuse to grant the athlete a therapeutic use exemption; or
 (b) a decision by the ASDMAC under subclause (1) to grant the athlete a therapeutic use exemption that does not authorise the use of a prohibited substance or a prohibited method, for therapeutic purposes, at a time before the exemption is granted; or
 (c) a decision by the ASDMAC under subclause (1) to grant the athlete a therapeutic use exemption subject to conditions.
 (2A) The application must be made within 14 days after:
 (a) for a decision mentioned in paragraph (2)(a)—the athlete is given notice under subclause (1B) of the decision; or
 (b) for a decision mentioned in paragraph (2)(b) or (c)—the ASDMAC grants the therapeutic use exemption.
 (2B) After reviewing the decision, the ASDMAC must either:
 (a) affirm the decision; or
 (b) set aside the decision and make a new decision in substitution for the decision set aside.
 (2C) The ASDMAC may develop and implement its own procedures for the making of applications under subclause (2) for the review of a decision, and the conduct of such a review.
 (2D) However, the ASDMAC must not, in reviewing a decision under subclause (2), consider any evidence or other information that was not considered by the ASDMAC when making the decision.

Other functions
 (3) The ASDMAC may investigate the sample analysis result for a sample given by an athlete who has been granted a therapeutic use exemption to find out whether the athlete has complied with any conditions of the exemption.
 (4) The ASDMAC may investigate an atypical finding or an adverse analytical finding for a sample given by an athlete to find out whether the atypical finding or adverse analytical finding was caused by naturally occurring levels of the substance concerned.
 (5) The ASDMAC may review the procedures adopted by a sporting administration body for authorising the use of a prohibited substance or a prohibited method.
 (6) ASDMAC may provide advice relating to therapeutic use exemptions and ASDMAC functions to the CEO, sporting administration bodies, participants or other TUE committees.
 (7) If the CEO consults with the ASDMAC about any of the following