Sports Drug (Urine Testing) Amendment Regulations 2000
Sports Drug (Urine Testing) Amendment Regulations 2000: revoked, on 1 July 2007, pursuant to section 60 of the Sports Anti-Doping Act 2006 (2006 No 58).
Version as at 1 July 2007
Sports Drug (Urine Testing) Amendment Regulations 2000
(SR 2000/134)
Sports Drug (Urine Testing) Amendment Regulations 2000: revoked, on 1 July 2007, pursuant to section 60 of the Sports Anti-Doping Act 2006 (2006 No 58).
Note
Changes authorised by subpart 2 of Part 3 of the Legislation Act 2019 have been made in this consolidation. See the notes at the end of this consolidation for further details.
These regulations are administered by the Department of Internal Affairs.
Pursuant to section 31 of the New Zealand Sports Drug Agency Act 1994, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.
Contents
1 Title
(1)
These regulations are the Sports Drug (Urine Testing) Amendment Regulations 2000.
(2)
In these regulations, the Sports Drug (Urine Testing) Regulations 19941 are called “the principal regulations”
.
2 Commencement
These regulations come into force on 28 July 2000.
3 Interpretation
(1)
Regulation 2(1) of the principal regulations is amended by revoking the definition of A bottle, and substituting the following definition:
A bottle means a bottle that—
(a)
is provided by the Agency; and
(b)
is marked with a number prefixed by the letter A; and
(c)
if the bottle is designed to fit within a separate security transit container, bears the same number, and the same prefix to the number, as the security transit container.
(2)
Regulation 2(1) of the principal regulations is amended by revoking the definition of B bottle, and substituting the following definition:
B bottle means a bottle that—
(a)
is provided by the Agency; and
(b)
is marked with a number prefixed by the letter B; and
(c)
if the bottle is designed to fit within a separate security transit container, bears the same number, and the same prefix to the number, as the security transit container.
(3)
Regulation 2(1) of the principal regulations is amended by inserting in paragraph (a) of the definition of carrier bag, after the word “carry”
, the words “self-sealing bottles or”
.
(4)
Regulation 2(1) of the principal regulations is amended by inserting, in their appropriate alphabetical order, the following definitions:
lid, in relation to a bottle, means any cap, stopper, or other device designed to close the bottle
procedure A means identifying and sealing a sample, in accordance with regulation 21(3), using 2 self-sealing bottles
procedure B means identifying and sealing a sample, in accordance with regulation 21(4), using 2 bottles, each of which is designed to fit within a security transit container that bears the same number, and the same prefix to the number, as the bottle
sealed pack means a pack containing—
(a)
a pair of self-sealing bottles, one with a number prefixed by the letter A and the other with a number prefixed by the letter B; and
(b)
a cap for each bottle
self-sealing bottle means a bottle that is designed to be closed with a cap that—
(a)
bears the same number as the bottle; and
(b)
when properly fitted, shows if it has been tampered with
tamper-evident seal includes tamper-evident tape.
(5)
Regulation 2(1) of the principal regulations is amended by revoking the definition of sealed security transit container.
4 Functions of representatives nominated under regulation 8
(1)
Regulation 9(3)(f) of the principal regulations is amended by omitting the word “wait”
, and substituting the word “remain”
.
(2)
Regulation 9(5)(a) of the principal regulations is amended by omitting the expression “regulations 21(2), (22), and 23(3) of these regulations”
and substituting the expression “regulations 21(3) and (4), 22, 23(3) and (4), and 23A(1) and (2)”
.
5 Functions of interpreter
Regulation 10(2)(e) of the principal regulations is amended by omitting the word “wait”
, and substituting the word “remain”
.
6 Identification and sealing of sample
Regulation 21 of the principal regulations is amended by revoking subclause (2), and substituting the following subclauses:
(2)
A drug testing official must then direct the competitor to follow procedure A or procedure B, and must guide the competitor through the steps required under the relevant procedure.
(3)
If the competitor is directed to follow procedure A, the competitor must, at the direction of a drug testing official,—
(a)
select a sealed pack from among a number of sealed packs; and
(b)
open the sealed pack; and
(c)
take the pair of bottles and their caps out of the pack; and
(d)
check that the number on each bottle and its cap is the same as the number on the pack and,—
(i)
if they are the same, pour the sample into the A bottle and the B bottle up to either the level marked on each bottle or a level indicated by a drug control official; or
(ii)
if they are not the same, select another sealed pack in accordance with paragraph (a), and comply with paragraphs (b) and (c) and this paragraph; and
(e)
seal each bottle with its cap, ensuring each bottle does not leak.
(4)
If the competitor is directed to follow procedure B, the competitor must, at the direction of a drug testing official,—
(a)
select a pair of security transit containers, one with a number prefixed by the letter A and the other with a number prefixed by the letter B, from among a number of pairs of security transit containers, where—
(i)
each of the containers in the pair is individually sealed; or
(ii)
the pair of containers are inside a sealed plastic bag; and
(b)
break the seals on the security transit containers or the seal on the plastic bag, as the case may require; and
(c)
take the bottle in each of the containers out of the container; and
(d)
check that the number and the prefix to the number on each bottle is the same as the number and the prefix to the number on its container and,—
(i)
if they are the same, pour the sample into the A bottle and the B bottle up to either the level marked on each bottle or a level indicated by a drug control official; or
(ii)
if they are not the same, select another pair of security transit containers in accordance with paragraph (a), and comply with paragraphs (b) and (c) and this paragraph; and
(e)
secure the cap on each bottle and, after checking that each bottle does not leak, put each bottle into the container bearing the same number and the same prefix to the number as the bottle; and
(f)
either,—
(i)
if the containers are self-sealing, seal each container by closing it; or
(ii)
if the containers are designed to be sealed with a seal, select 2 security transit container seals from among a number of security transit container seals, close each container, and seal each security transit container by placing a security transit container seal in each security transit container clasp.
7 New regulations 22 to 23A substituted
The principal regulations are amended by revoking regulations 22 and 23, and substituting the following regulations:
22 Insufficient sample
(1)
If the competitor does not provide a sufficient sample, the competitor must secure the sample in accordance with the procedure set out in subclause (2) or subclause (4), whichever a drug testing official directs, and the drug testing official must guide the competitor through the steps required under the relevant procedure.
(2)
If a self-sealing bottle is to be used to secure the insufficient sample, the competitor must, at the direction of a drug testing official,—
(a)
select a sealed pack from among a number of sealed packs; and
(b)
open the sealed pack; and
(c)
take the A bottle out of the pack; and
(d)
check that the number on the bottle is the same as the number on the pack and,—
(i)
if they are the same, pour the entire sample into the A bottle; or
(ii)
if they are not the same, select another sealed pack in accordance with paragraph (a), and comply with paragraphs (b) and (c) and this paragraph; and
(e)
select a packaged lid from among a number of packaged lids, and remove the lid from the package; and
(f)
close the bottle with the lid, without sealing the bottle, ensuring the bottle does not leak; and
(g)
replace the bottle in the pack, and seal the pack with a numbered tamper-evident seal.
(3)
If the procedure set out in subclause (2) has been followed,—
(a)
the drug testing official must then record on form 2 the number on the pack and the number on the tamper-evident seal; and
(b)
the competitor must check that the numbers recorded on form 2 are correct, and—
(i)
if they are correct, sign the form; or
(ii)
if they are not correct, tell the drug testing official and sign the form after the drug testing official has corrected it.
(4)
If a bottle designed to fit within a sealed security transit container is to be used to secure the insufficient sample, the competitor must, at the direction of a drug testing official,—
(a)
select a sealed security transit container from among a number of sealed security transit containers; and
(b)
break the seal securing the security transit container; and
(c)
open the container, and take the bottle out of the container; and
(d)
check that the number on the bottle is the same as the number on the container and,—
(i)
if they are the same, pour the entire sample into the bottle; or
(ii)
if they are not the same, select another sealed security transit container in accordance with paragraph (a), and comply with paragraphs (b) and (c) and this paragraph; and
(e)
secure the cap on the bottle, and check that the bottle does not leak; and
(f)
put the bottle into the container; and
(g)
seal the container with a numbered tamper-evident seal.
(5)
If the procedure set out in subclause (4) has been followed,—
(a)
the drug testing official must then record on form 2 the number on the container and the number on the tamper-evident seal; and
(b)
the competitor must check that the numbers recorded on form 2 are correct, and—
(i)
if they are correct, sign the form; or
(ii)
if they are not correct, tell the drug testing official and sign the form after the drug testing official has corrected it.
23 Obtaining sufficient sample
(1)
A competitor who has completed the procedures in regulation 22 must remain within the sight of a drug testing official until the competitor is ready to provide a further sample.
(2)
When the competitor is ready to provide a further sample, the competitor and the drug testing official must follow the procedures in regulations 19(3) and (4), 20, and 21(1).
(3)
At the direction of a drug testing official, the competitor must check that the numbers on form 2 match—
(a)
the number on the pack and the number on the tamper-evident seal, if the procedure set out in regulation 22(2) was used; or
(b)
the number on the container and the number on the tamper-evident seal, if the procedure set out in regulation 22(4) was used.
(4)
If the numbers checked under subclause (3) match the numbers recorded on form 2, the competitor must, at the direction of a drug testing official, check that the tamper-evident seal used to seal the pack or the container is intact, and if it is intact,—s
(a)
open the sealed pack or, as the case requires, break the seal on the container and open it; and
(b)
take the bottle containing the insufficient sample out of the pack or, as the case requires, the container; and
(c)
pour the further sample into the opened bottle, and discard any of the sample that is left.
(5)
If either or both of the numbers checked under subclause (3) do not match the numbers that are recorded on form 2, or if the tamper-evident seal used to seal the pack or the container is not intact, a drug control official must discard any sample that the competitor has provided and require the competitor to repeat the procedures in regulations 19(3) and (4), 20, and 21.
23A Further provisions relating to obtaining sufficient sample
(1)
If, with the addition of the further sample in accordance with regulation 23(4), the sample in the bottle is a sufficient sample, the competitor must, at the direction of a drug testing official,—
(a)
securely cover the bottle and shake it until it can reasonably be assumed that the 2 samples are mixed; and
(b)
select a further sealed sample collection container from among a number of sealed sample collection containers; and
(c)
break the seal securing the sample collection container; and
(d)
pour the contents of the bottle into the container; and
(e)
follow procedure A or procedure B, as set out in regulation 21; and if the procedure set out in regulation 22(2) was used to secure the insufficient sample, the pack and the bottles used for that procedure may be used for the purposes of regulation 21(3).
(2)
If, despite the addition of the further sample in accordance with regulation 23(4), the sample in the bottle is still an insufficient sample,—
(a)
the competitor must, at the direction of a drug testing official, repeat the procedures in regulation 22(2)(f) and (g) or regulation 22(4)(e) to (g), whichever is applicable; and
(b)
the drug testing official must record on form 2 the number on the tamper-evident seal used to seal the pack or, as the case requires, the container in accordance with paragraph (a); and
(c)
the competitor must check that the number recorded under paragraph (b) is correct and—
(i)
if it is correct, sign the form; or
(ii)
if it is not correct, tell the drug testing official and sign the form after the drug testing official has corrected it; and
(d)
the competitor must, at the direction of a drug testing official, repeat the procedures in regulation 23 and this regulation until either—
(i)
the procedures required by regulation 21(2) are completed; or
(ii)
a drug testing official decides that the competitor is unable to provide a sufficient sample on the current occasion.
(3)
If subclause (2)(d)(ii) applies, a drug testing official must discard any sample that the competitor has provided on the current occasion.
8 Provision of new sample
(1)
Regulation 24 of the principal regulations is amended by revoking paragraph (a), and substituting the following paragraph:
(a)
a person other than the competitor, the competitor’s representative nominated under regulation 8(1)(a)(iii) or regulation 8(3), or any drug testing official having the competitor’s consent, handled the sample collection container between the time when the container was selected and—
(i)
the time when the A and B bottles were sealed in accordance with regulation 21(3); or
(ii)
the time when the security transit containers were sealed in accordance with regulation 21(4); or
(iii)
the time when the pack was sealed with a numbered tamper-evident seal in accordance with regulation 22(2); or
(iv)
the time when the security transit container was sealed with a numbered tamper-evident seal in accordance with regulation 22(4); or.
(2)
Regulation 24 of the principal regulations is amended by revoking paragraph (d), and substituting the following paragraph:
(d)
the contents of the A bottle or the B bottle or, as the case may be, a bottle were completely spilt, destroyed, or otherwise lost, or were interfered with, between the time when the competitor poured the sample into the bottles or bottle and—
(i)
the time when the bottles were or would have been sealed; or
(ii)
the time when the security transit containers were or would have been sealed; or
(iii)
the time when the pack was sealed with a numbered tamper-evident seal in accordance with regulation 22(2); or
(iv)
the time when the security transit container was sealed with a numbered tamper-evident seal in accordance with regulation 22(4); or.
(3)
Regulation 24(e), (f), and (g) of the principal regulations are amended by omitting the expression “paragraphs (a) to (l) of regulation 21(2) of these regulations”
, and substituting in each case the expression “regulation 21(3) or regulation 21(4)”
.
(4)
Regulation 24 of the principal regulations is amended by revoking paragraph (h), and substituting the following paragraph:
(h)
a drug testing official, without the competitor’s consent, handled the sample collection container between the time when the container was selected and—
(i)
the time when the A and B bottles were sealed in accordance with regulation 21(3); or
(ii)
the time when the security transit containers were sealed in accordance with regulation 21(4); or
(iii)
the time when the pack was sealed with a numbered tamper-evident seal in accordance with regulation 22(2); or
(iv)
the time when the security transit container was sealed with a numbered tamper-evident seal in accordance with regulation 22(4); or.
(5)
Regulation 24(i) of the principal regulations is amended by omitting the expression “paragraphs (a) to (l) of regulation 21(2) of these regulations”
, and substituting the expression “regulation 21(3) or regulation 21(4)”
.
9 Spilt sample
(1)
Regulation 25(b) of the principal regulations is amended by inserting, immediately before the words “security transit containers”
, the words “bottles or”
.
(2)
Regulation 25(c) of the principal regulations is amended by omitting the expression “regulations 22 and 23 of these regulations”
, and substituting the expression “regulations 22 to 23A”
.
10 Completion of form
(1)
Regulation 27(1) of the principal regulations is amended by revoking paragraph (a), and substituting the following paragraph:
(a)
the procedure required under regulation 21(2) has been completed; or.
(2)
Regulation 27(1)(b) of the principal regulations is amended by omitting the expression “regulation 23(3)(f)(ii) of these regulations”
, and substituting the expression “regulation 23A(2)(d)(ii)”
11 Failure to provide sample
Regulation 28(1) of the principal regulations is amended by revoking paragraph (f), and substituting the following paragraph:
(f)
opens a sealed pack or sealed bottle or sealed security transit container containing some or all of the competitor’s sample, in circumstances other than those set out in regulation 23(4); or.
12 Despatch of samples to Agency
Regulation 29(b) of the principal regulations is amended by inserting, after the word “sealed”
, the words “bottles or sealed”
.
13 Despatch by Agency of samples to laboratory
Regulation 30 of the principal regulations is amended by revoking subclause (1), and substituting the following subclause:
(1)
As soon as practicable after the receipt at the Agency of any carrier bag delivered or sent to it under regulation 29, a drug testing official at the Agency must—
(a)
remove the sealed bottles or sealed security transit containers and the forms that relate to them from the carrier bag in which they arrived at the Agency; and
(b)
put the sealed bottles or sealed security transit containers into a carrier bag; and
(c)
complete and sign form 5 in respect of the bottles or containers in the bag; and
(d)
put form 5 into the bag that contains the bottles or containers to which the form relates; and
(e)
put copies of form 2 that have no information that might identify a competitor into the bag that contains the bottles or containers to which the copies relate; and
(f)
send the bag by a secure means to a laboratory chosen from the list maintained under section 6(1)(b) of the Act.
14 Despatch by drug control official of samples to laboratory
Regulation 31 of the principal regulations is amended by revoking subclause (1), and substituting the following subclause:
(1)
A drug control official at a sample collection station may, at the direction of the Executive Director,—
(a)
complete and sign form 4 in respect of each group of samples, being samples that were collected at the station, that are to be put into the same carrier bag; and
(b)
put the sealed bottles or sealed security transit containers containing the samples into the carrier bag; and
(c)
complete and sign form 5 in respect of the bottles or containers in the bag; and
(d)
put form 5 into the bag that contains the bottles or containers to which the form relates; and
(e)
put copies of form 2 that have no information that might identify a competitor into the bag that contains the bottles or containers to which the copies relate; and
(f)
send the bag by a secure means to a laboratory specified by the Executive Director, which laboratory must be chosen from the list maintained under section 6(1)(b) of the Act.
15 New regulations 33 to 34A substituted
The principal regulations are amended by revoking regulations 33 and 34, and substituting the following regulations:
33 Laboratory not to test sample
(1)
The laboratory must not test a sample contained in a self-sealing bottle or security transit container that, at the time it is received by the laboratory, has been opened or has a broken seal.
(2)
A laboratory must treat a self-sealing bottle as having been opened for the purposes of subclause (1) if the number on the cap with which it is sealed does not match the number on the bottle.
(3)
A laboratory to which subclause (1) applies must—
(a)
advise the Agency if a sample is received in a bottle or security transit container to which that subclause applies; and
(b)
discard the sample.
(4)
On receiving advice under subclause (3)(a), the Agency must—
(a)
ensure that the chairperson of the Board is aware of the advice; and
(b)
notify the competitor who provided the sample and the national sporting organisation or organisations of which the competitor is a member.
34 Testing A bottle sample
(1)
If procedure A (as defined in regulation 2) has been used, the laboratory must—
(a)
remove from the carrier bag the forms and the A bottle and the B bottle; and
(b)
check for the purposes of regulation 33 if either bottle has been opened or has a broken seal; and
(c)
check that the number of the A bottle matches the number that is recorded on form 2 in relation to that bottle; and
(d)
check that the cap on the bottle is secured in such a way as to prevent the bottle from leaking; and
(e)
test the sample in that bottle by methods recognised from time to time by the International Olympic Committee Medical Commission.
(2)
If procedure B (as defined in regulation 2) has been used, the laboratory must—
(a)
remove from the carrier bag the forms and the security transit containers containing the A bottle and the B bottle; and
(b)
check for the purposes of regulation 33 if either security transit container has been opened or has a broken seal; and
(c)
check that the number of the security transit container containing the A bottle matches the number that is recorded on form 2 or, as the case may be, that the number of the security transit container seal of the container containing the A bottle matches the number that is recorded on form 2; and
(d)
open the security transit container containing the A bottle or, as the case may be, break the security transit container seal of the container containing the A bottle and open the container; and
(e)
remove the A bottle from the security transit container; and
(f)
check that the number and the prefix to the number on the bottle matches the number and the prefix to the number recorded on form 2; and
(g)
check that the cap on the bottle is secured in such a way as to prevent the bottle from leaking; and
(h)
test the sample in the A bottle by methods recognised from time to time by the International Olympic Committee Medical Commission.
34A Irregularities to be reported
(1)
This regulation applies if the laboratory, in carrying out the checks required by regulation 34, finds that—
(a)
the number of the A bottle does not match the number that is recorded on form 2 in relation to that bottle; or
(b)
the number of the security transit container containing the A bottle does not match the number that is recorded for the security transit container on form 2 or, as the case may be, the number of the security transit container seal of the container containing the A bottle does not match the number that is recorded for the security transit container seal on form 2; or
(c)
the cap on the A bottle is not secured in such a way as to prevent the bottle from leaking.
(2)
If subclause (1) applies, the laboratory must—
(a)
test the sample in the A bottle in accordance with regulation 34; and
(b)
include, in the advice referred to in regulation 36(1), a statement recording the finding referred to in paragraph (a) or paragraph (b) or paragraph (c) of subclause (1).
16 Positive test result from A bottle sample
Regulation 36(1) of the principal regulations is amended by revoking paragraph (a), and substituting the following paragraph:
(a)
the number of—
(i)
that bottle, if procedure A was followed; or
(ii)
the number of the security transit container that contained the sample and, where applicable, the number of the security transit container seal, if procedure B was followed; and.
17 New regulations 37 and 37A substituted
The principal regulations are amended by revoking regulation 37, and substituting the following regulations:
37 Testing B bottle sample
(1)
The procedures set out in this regulation must be carried out in the presence of—
(a)
the competitor or the competitor’s representative nominated under regulation 8(1)(a)(i) or the competitor’s representative appointed under regulation 8(2); and
(b)
the Agency’s representative, if any.
(2)
If procedure A (as defined in regulation 2) has been used, the laboratory must—
(a)
check that the number of the B bottle matches the number that is recorded on form 2 in relation to that bottle; and
(b)
check that the cap on the bottle is secured in such a way as to prevent the bottle from leaking; and
(c)
test the sample in that bottle by methods recognised from time to time by the International Olympic Committee Medical Commission.
(3)
If procedure B (as defined in regulation 2) has been used, the laboratory must—
(a)
check that the number of the security transit container containing the B bottle matches the number that is recorded on form 2 or, as the case may be, that the number of the security transit container seal of the container containing the B bottle matches the number that is recorded on form 2; and
(b)
open the security transit container containing the B bottle or, as the case may be, break the security transit container seal of the container containing the B bottle and open the container; and
(c)
remove the B bottle from the security transit container; and
(d)
check that the number and the prefix to the number on the bottle matches the number and the prefix to the number recorded on form 2; and
(e)
check that the cap on the bottle is secured in such a way as to prevent the bottle from leaking; and
(f)
test the sample in the B bottle by methods recognised from time to time by the International Olympic Committee Medical Commission.
37A Irregularities to be reported
(1)
This regulation applies if the laboratory, in carrying out the checks required by regulation 37, finds that—
(a)
the number of the B bottle does not match the number that is recorded on form 2 in relation to that bottle; or
(b)
the number of the security transit container containing the B bottle does not match the number that is recorded for the security transit container on form 2 or, as the case may be, the number of the security transit container seal of the container containing the B bottle does not match the number that is recorded for the security transit container seal on form 2; or
(c)
the cap on the B bottle is not secured in such a way as to prevent the bottle from leaking.
(2)
If subclause (1) applies, the laboratory must—
(a)
test the sample in the B bottle in accordance with regulation 37; and
(b)
include, in the written notice referred to in regulation 39(b), a statement recording the finding referred to in paragraph (a) or paragraph (b) or paragraph (c) of subclause (1).
18 Positive test result from B bottle sample
Regulation 39(b) of the principal regulations is amended by revoking subparagraph (i), and substituting the following subparagraph:
(i)
the number of the B bottle or, as the case requires, the security transit container that contained the sample and, where applicable, the number on the security transit container seal; and.
19 Schedule of forms amended
(1)
The Schedule of the principal regulations is amended by omitting, from form 1, the paragraph immediately below the heading INFORMATION FOR COMPETITOR, and substituting the following paragraph:
If you do not attend at the sample collection station when this notice tells you to, or deliberately fail to provide a sufficient sample within a reasonable time of arriving at the sample collection station, or fail to provide certain information during the sampling procedure, your name may be entered in the Sports Drug Register and you may be disciplined by your sporting organisation or organisations.
(2)
The Schedule of the principal regulations is amended by revoking form 2, and substituting form 2 set out in the Schedule.
(3)
The Schedule of the principal regulations is amended by omitting from forms 4 and 5 the words “Security transit containers numbers”
, and substituting in each case the words “Numbers recorded on sealed bottles or security transit containers”
.
Schedule New form 2 substituted
Form 2 Doping control form
r 27
Section 11, New Zealand Sports Drug Agency Act 1994
Marie Shroff,
Clerk of the Executive Council.
Explanatory Note
This note is not part of the regulations, but is intended to indicate their general effect.
These regulations, which come into force on 28 July 2000, make technical amendments to the Sports Drug (Urine Testing) Regulations 1994. The main changes are—
the incorporation of a new procedure for collecting and sealing samples using self-sealing bottles that accords with international best practice standards; and
a requirement that the competitor remain within the sight of a drug testing official until he or she is ready to provide a sample, that replaces the existing requirement for the competitor to wait with the drug testing official until he or she is ready to provide a sample; and
amendments to the Schedule, including the substitution of a new form 2 that incorporates the new self-sealing bottle procedure.
Date of notification in Gazette: 27 July 2000.
Consolidation notes
1 General
This is a consolidation of the Sports Drug (Urine Testing) Amendment Regulations 2000 that incorporates all the amendments to those regulations as at the date of the last amendment to them.
2 About this consolidation
This consolidation is not an official version of the legislation under section 78 of the Legislation Act 2019.
3 Amendments incorporated in this consolidation
Sports Anti-Doping Act 2006 (2006 No 58): section 60
1 SR 1994/286