Document ID: chunk:federal_register_of_legislation:F2021C00104:schedule:1:p10
Version: federal_register_of_legislation:F2021C00104
Segment Type: schedule
Provision Reference: sch 1 (pt 10/43)
Character Range: 39825–42688

Public Service Act 1999 and the Act also relate to conflict of interest with respect to the CEO, Sport Integrity Australia representatives and Sport Integrity Australia staff. Nothing in the NAD scheme limits the operation of those provisions.

Part 2—The Rules

Division 2.1—Anti‑doping rules

2.01  Anti‑doping rules—general
 (1) This Division contains the anti‑doping rules. An anti‑doping rule is a provision that provides that a particular circumstance, or particular conduct, constitutes a violation of an anti‑doping rule. The CEO makes assertions about anti‑doping rule violations.
 (2) Athletes, support persons and non‑participants are responsible for knowing what constitutes an anti‑doping rule violation and the substances and methods that have been included on the prohibited list.

2.01A  Presence in athlete's sample of prohibited substance, or metabolites or markers
 (1) Presence of a prohibited substance or its metabolites or markers in an athlete's sample constitutes a violation of an anti‑doping rule.
 (2) It is the athlete's personal duty to ensure that no prohibited substance enters his or her body. Athletes are responsible for a prohibited substance or its metabolites or markers found to be present in their samples. Accordingly, it is not necessary that intent, fault, negligence or knowing use on the athlete's part be demonstrated in order to establish an anti‑doping rule violation under this clause.
 (3) Sufficient proof of an anti‑doping rule violation under this clause is established:
 (a) by the presence of a prohibited substance or its metabolites or markers in the athlete's A sample if the athlete waives analysis of the B sample and the B sample is not analysed; or
 (b) if the athlete's B sample is analysed and the analysis of the athlete's B sample confirms the presence of the prohibited substance or its metabolites or markers found in the athlete's A sample; or
 (c) if the athlete's A or B sample is split into 2 parts and the analysis of the confirmation part of the split sample confirms the presence of the prohibited substance or its metabolites or markers found in the first part of the split sample or the athlete waives analysis of the confirmation part of the split sample.
 (4) Excepting those substances for which a decision limit is specifically identified in the prohibited list or a technical document, the presence of any reported quantity of a prohibited substance or its metabolites or markers in an athlete's sample constitutes a violation of an anti‑doping rule.
 (5) As an exception to the general rule established by this clause, the prohibited list, International Standards or technical documents may establish special criteria for reporting or the evaluation of certain prohibited substances.

2.01B  Use or attempted use by an athlete of a prohibited substance or a prohibited method
 (1)