2013 Manual of Motorcycle Sport - Motorcycling Australia

11 ANTI-DOPING POLICYenjoy the ride8411.16.0.9 If an Athlete or other Person retires while aresults management process is underway,ASADA retains jurisdiction to complete itsresults management process. If an Athleteor other Person retires before any resultsmanagement process has begun, so long asASADA would have had results managementjurisdiction over the Athlete or other Person atthe time the Athlete or other Person committedan anti-doping rule violation, ASADA will havejurisdiction to conduct results management.11.16.0.10 MA must, after consultation with ASADA,impose a Provisional Suspension on anyPerson whose Sample is the subject of anAdverse Analytical Finding of a SpecifiedSubstance other than a SpecifiedSubstance.11.16.0.11 MA may, after consultation with ASADA,impose a Provisional Suspension on anyPerson whose Sample is the subject of anAdverse Analytical Finding of a SpecifiedSubstance or who is issued with an infractionnotice or who is subject to an investigation.11.16.0.12 MA may, after consultation with ASADA,impose the following ProvisionalSuspension. MA may suspend:a) financial or other assistance to thePerson;(b) the Person from Competition inEvents and Competitions conductedby or under the auspices of MA; andc) the Person’s licence or participationpermit (if relevant).11.16.0.14 MA may, after consultation with ASADA,apply the Provisional Suspension:a) from the date of the infraction notice;b) following the 14 day submissionperiod; orc) as deemed appropriate by the MA orFIM;until the determination of the hearing or adetermination by ASADA not to refer thematter to hearing.11.16.0.15 If a Provisional Suspension is imposed,the hearing under GCR 11.16 shall beadvanced to a date that avoids substantialprejudice to the Athlete.11.16.0.16 ASADA will convene any Provisional Hearingand will present the case at any ProvisionalHearing unless otherwise agreed.11.16.0.17 As a general rule, the ProvisionalSuspension of a Person will not be publiclydisclosed. A Provisional Suspension mayhowever be publicly disclosed so longas such disclosure will not be unfairlyprejudicial to the interests of the Person.ASADA must be consulted prior to anysuch disclosure.11.17 ANTI-DOPING HEARINGS11.17.0.1 Article 8 of the Code applies.11.17.0.2 ASADA will wait 14 days (or a shorterperiod agreed between ASADA inaccordance with the Code, the NADScheme and the ASADA Act or a periodless than 14 days as agreed betweenASADA and the Person) after sendingan Infraction Notice above and then willconvene CAS to conduct the hearing.ASADA will prosecute the alleged Anti-Doping Rule Violation.11.17.0.3 CAS will determine:a) if the Person has committed aviolation of this ADP;b) if so, what sanction will apply;c) how long the sanction will apply; andd) any other issues properly broughtbefore it for determination.11.17.0.4 CAS will give to the athlete, ASADA andMA a written statement of:a) the findings of the hearing;b) what sanction (if any) will apply;c) for how long the sanction (if any) willapply; andd) any other issues determined by it.11.17.0.5 Sanctions will be applied under GCR11.17.11.17.0.6 ASADA will report the outcome of all Anti-Doping Rule Violations in accordancewith the Code, the ASADA Act and theNAD Scheme.11.17.0.7 Hearings under this Article shall becompleted expeditiously as reasonablypracticable.11.17.0.8 Australian Sports Commission (ASC),MA, FIM and WADA and any otherrelevant body (for example, AustralianOympic Committee (AOC), AustralianParalympic Committee (APC) orAustralian Commonwealth GamesAssociation (ACGA)) shall have the rightto attend hearings as an observer oraffected party.