2013 Manual of Motorcycle Sport - Motorcycling Australia

11 ANTI-DOPING POLICYenjoy the ride7811 ANTI-DOPING POLICYThis has been updated effective 1st January 2009 and should be reviewed before applying any of the policy.ANTI- DOPING BACKGROUNDUnder a referral dated 1st June 2006, MAreferred the following anti-doping functions,powers and responsibilities (“anti-dopingfunctions”) to the Australian Sports Anti-Doping Authority (ASADA):• Investigating possible anti-dopingrule violations within the sport ofMotorcycling;• Issuing infraction notices or othermatters under the determinedresults management process;• Convening hearings before theCourt of Arbitration for Sport (CAS).There is no other hearing body foranti-doping matters in Motorcycling;• Presenting allegations of anti-dopingrule violations and all relevant,incidental matters in hearings beforeCAS; and• Notifying the results of investigationsand hearings and all relevant,incidental matters to relevantbodies including MA and the FIM.Any notification will be subject tothe Australian Sports Anti-DopingAuthority Act 2006 (ASADA Act) andprivacy legislation.11.1 ANTI-DOPING POLICYRESPONSIBILITIES11.1.0.1 MA and ASADA acknowledge and agreethat under the ASADA Act, ASADA has thefunction of supporting and encouragingthe development and implementation ofcomprehensive programs and educationinitiatives about sports drug and safetymatters. MA will assist ASADA with suchmatters and will provide education andinformation regarding anti-doping rulesand matters to persons within the sportof Motorcycling within the frameworkestablished by ASADA.11.1.0.2 ASADA will perform and conduct the antidopingfunctions in accordance with thisreferral and the ASADA Act. ASADA willuse its best endeavours to ensure the FIManti-doping code is recognised.11.1.0.3 MA refers the above anti-doping functionsto ASADA on the basis that:a) ASADA will, as soon as practicable,subject to the ASADA Act andprivacy legislation, provide to MA(and if necessary FIM) copies ofrelevant documents including but notonly test results, infraction noticesand hearing documents;b) MA retains the right to appear in antidopinghearings before CAS as aninterested party. MA will determinewhether it wishes to exercise thisright upon notification of a hearingby ASADA. If MA wishes to appearat any anti-doping hearing beforeCAS it will pay its own costs of suchappearance;c) All costs of any investigation andhearing (including but not only CASapplication costs and any legal costsassociated with any investigationand/or hearing) undertaken byASADA will be paid by ASADA;11.1.0.4 MA will immediately advise ASADA ofany alleged anti-doping rule violation inmotorcycling and will provide assistanceto ASADA in any investigation that ASADAmight reasonably request; and11.1.0.5 ASADA will, subject to the ASADA Act andprivacy legislation, provide such reportsto MA on ASADA’s conduct of the aboveanti-doping functions as may be agreedbetween ASADA and MA.11.1.0.6 MA will recognise and enforce anysanction determined by CAS in respect ofan anti-doping rule violation in the sport ofmotorcycling and in any other sport.11.1.0.7. MA will use its best endeavours to ensureits members, athletes and athlete supportpersonnnel are aware of this referral ofthe anti-doping functions to ASADA andassist and co-operate with ASADA in theconduct of the anti-doping functions. MAotherwise recognises ASADA’s powersand functions under the ASADA Act.11.10.0.8 MA has amended its anti-dopingpolicy (ADP) to reflect the roles andresponsibilities under the referral. TheADP adopts and reflects the World Anti-Doping Code (Code) which is annexed toand forms part of this ADP.