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2008 Manual of Motorcycle Sport - Motorcycling Australia

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84 enjoy the ride<br />

any involvement in MA Competitions,<br />

Events and activities;<br />

c) Not employ, engage or register that<br />

Person;<br />

unless and until that Person agrees to be<br />

retrospectively bound by this Anti-Doping<br />

Policy from the occurrence <strong>of</strong> the Anti-<br />

Doping Rule Violation.<br />

11.19 anti-doping CONFIDENTIALITY<br />

AND REPORTING<br />

11.19.0.1 Except as provided for in GCR 11.13.0.14,<br />

unless and until a Person publicly<br />

discloses that he or she has been notified<br />

<strong>of</strong> an Anti-Doping Rule Violation or a<br />

possible Anti-Doping Rule Violation or<br />

is subject to investigation and/or has<br />

authorised ASADA or affected/interested<br />

parties to make public comments, ASADA<br />

and MA and any other notified parties<br />

must not publicly disclose the identity <strong>of</strong><br />

a Person who is suspected <strong>of</strong> an Anti-<br />

Doping Rule Violation until it has been<br />

determined in a hearing in accordance<br />

with GCR 11.14 that an Anti-Doping Rule<br />

Violation has occurred, or such hearing<br />

has been waived, or th e assertion <strong>of</strong> an<br />

Anti-Doping Rule Violation has not been<br />

timely challenged.<br />

11.19.0.2 No later than 21 days after an anti-doping<br />

matter has been finally determined at a<br />

hearing, ASADA must Publicly Report<br />

the result including any sanction imposed<br />

and any other information in accordance<br />

with the CAS rules following consultation<br />

with NA and other relevant parties. MA<br />

and other relevant parties may also elect<br />

to make a public statement in relation to<br />

the matter, following consultation with<br />

ASADA.<br />

11.19.0.3 All hearing and appeal awards regarding<br />

alleged Anti-Doping Rule Violations shall<br />

be made public unless both parties agree<br />

that it should remain confidential.<br />

11.19.0.4 Any decision <strong>of</strong> an Anti-Doping<br />

Organisation regarding a violation <strong>of</strong> this<br />

ADP shall be recognised by all <strong>Sport</strong>ing<br />

Administration Bodies, which shall take all<br />

necessary action to render such results<br />

effective.<br />

11.19.0.5 Subject to the right to appeal provided in<br />

GCR 11.17, the Testing, TUE and hearing<br />

results or other final adjudications <strong>of</strong> any<br />

organisation recognised by ASADA or<br />

any <strong>Sport</strong>ing Administration Body which<br />

are consistent with the Code and are<br />

within the organisation’s authority, shall<br />

be recognised and respected by MA.<br />

MA may recognise the same actions <strong>of</strong><br />

other bodies which have not accepted<br />

the Code if the rules <strong>of</strong> those bodies are<br />

otherwise consistent with the Code, the<br />

NAD Scheme and/or ASADA’s position.<br />

11.20 ANTI-DOPING MISCELLANEOUS<br />

11.20.0.1 Statute <strong>of</strong> Limitations – Article 17 <strong>of</strong> the<br />

Code (www.wada-ama.org) applies.<br />

11.20.0.2 Doping Control for animals competing<br />

in <strong>Sport</strong> – Article 16 <strong>of</strong> the Code (www.<br />

wada-ama.org) applies (if relevant).<br />

11.20.0.3 Words not defined in this ADP have the<br />

meaning ascribed to them in the Code<br />

unless a contrary meaning appears from<br />

the context.<br />

11.20.0.4 This ADP may be amended by MA subject<br />

to prior consultation with ASADA and<br />

ongoing compliance with the Code and<br />

ASADA Act.<br />

11.20.0.5 Where this ADP adopts and applies an<br />

article <strong>of</strong> the Code that article and the<br />

terms in it shall be considered and applied<br />

in the context <strong>of</strong> this ADP<br />

11.21 ALCOHOL BREATH TESTING<br />

11.21.0.1 This procedure applies to competitors and<br />

<strong>of</strong>ficials.<br />

11.21.0..2 Testing <strong>of</strong> competitors and <strong>of</strong>ficials to<br />

determine the presence <strong>of</strong> alcohol in their<br />

body, by analysis <strong>of</strong> their expired air, is<br />

appropriate and necessary for the safety<br />

<strong>of</strong> competitors, <strong>of</strong>ficials and the public.<br />

11.21.0.3 In order to test fairly, an initial test will<br />

be undertaken. Should this test return<br />

a positive reading, a second test will<br />

be undertaken a short time later under<br />

controlled conditions to confirm that<br />

positive result.<br />

11.21.0..4 Any competitors or <strong>of</strong>ficials detected with<br />

a blood alcohol content above 0.1g/litre<br />

will be excluded from further participation<br />

in the day’s competition (under GCR<br />

4.3.9.1) and subject to sanctions under<br />

Chapter 11 and other provisions <strong>of</strong> the<br />

Anti-Doping Policy.<br />

<strong>2008</strong> MANUAL OF MOTORCYCLE SPORT

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