1. Home

RULES

  1. Introduction
  2. MA Structure
  3. General Competition Rules And Making Rule Changes
  4. Jurisdiction s
    1. 1.1 Definitions
    2. 1.2 Purpose of Rules
    3. 1.3 Repeal of Current Gcrs
    4. 1.4 by Laws
  5. Administration s
    1. 2.1 The Controlling Bodies
    2. 2.2 Sports Development Levy
    3. 2.3 Sports Development Account
    4. 2.4 Officials
  6. Licensing s
    1. 3.1 Licensing Requirements
    2. 3.2 Licensing General
    3. 3.3 Licensing Seniors
    4. 3.4 Licensing Juniors
    5. 3.5 Licensing Entrants
    6. 3.6 Licensing Speedway Mechanics
    7. 3.7 Licence Issuing And Renewals
    8. 3.8 Junior Coaching Program
  7. Competitions s
    1. 4.1 Venues
    2. 4.2 The Promotion And Conduct of Competitions
    3. 4.3 MA Events
    4. 4.4 Protocols
  8. Alternative Forms of Competition s
    1. 5.1 Alternative Activities
    2. 5.2 Venues Alternative Activities
    3. 5.3 Permits : Alternative Activities
    4. 5.4 Supplementary Regulations Alternative Activities
    5. 5.5 Licensing of Competitors Alternative Activities
    6. 5.6 Technical Specifications Alternative Activities
  9. Recreational Motorcycle Activity s
    1. 6.1 Purpose
    2. 6.2 Recreational Activities
    3. 6.3 Controlling Bodies Recreational Activities
    4. 6.4 Officials Recreational Activities
    5. 6.5 Venues Recreational Activities
    6. 6.6 The Promotion And Conduct of Recreational Activity
    7. 6.7 Permits Recreational Activities
    8. 6.8 Entries
    9. 6.9 Licensing of Participants
  10. Offences Protests And Appeals s
    1. 7.1 Offences
    2. 7.2 Protests
    3. 7.3 Appellate Bodies
    4. 7.4 Appeals
  11. Judicial Committee Guidelines s
    1. 8.1 MA Hearing Guidelines
  12. National Personal Accident Insurance s
    1. 12.1 Summary of Policy Coverage
    2. 12.2 Capital Benefits
    3. 12.3 Weekly Benefits
    4. 12.4 Definitions
  13. Road Racing s
    1. SECTION 13 A: AUSTRALIAN CHAMPIONSHIPS
    2. SECTION 13 B: COMPETITION CLASSES
    3. SECTION 13C: COMPETITION RULES
    4. SECTION 13 D: TECHNICAL REGULATIONS
    5. SECTION 13 E: TECHNICAL REGULATIONS: SOLO CLASSES
    6. SECTION 13 F: TECHNICAL REGULATIONS: SIDECARS
    7. SECTION 13 G: TECHNICAL REGULATIONS: JUNIOR CLASSES
    8. SECTION 13 H: MINIMOTO
  14. Historic Road Racing s
    1. SECTION 14 A: AUSTRALIAN CHAMPIONSHIPS
    2. SECTION 14 B: COMPETITION CLASSES
    3. SECTION 14 C: COMPETITION RULES
    4. SECTION 14 D: TECHNICAL REGULATIONS: GENERAL
    5. SECTION 14E: TECHNICAL REGULATIONS: PERIOD
  15. Motocross And Supercross s
    1. SECTION 15 A: AUSTRALIAN CHAMPIONSHIPS
    2. SECTION 15 B: COMPETITION CLASSES
    3. SECTION 15 C: COMPETITION RULES
    4. SECTION 15 D: TECHNICAL REGULATIONS
  16. Classic Motocross And Dirt Track s
    1. SECTION 16 A: AUSTRALIAN CHAMPIONSHIPS
    2. Section 16 B Competition Classes
    3. SECTION 16 C: COMPETITION RULES
    4. SECTION 16 D TECHNICAL REGULATIONS
  17. Enduro And Reliability Trials s
    1. SECTION 17A: AUSTRALIAN CHAMPIONSHIPS
    2. SECTION 17B: COMPETITION CLASSES
    3. SECTION 17C: COMPETITION RULES
    4. SECTION 17D: TECHNICAL REGULATIONS
    5. SECTION 17E: AUSTRALIAN FOUR-DAY ENDURO CHAMPIONSHIPS
  18. ATV s
    1. SECTION 18A: AUSTRALIAN CHAMPIONSHIPS
    2. SECTION 18B: COMPETITION CLASSES
    3. SECTION 18C: COMPETITION RULES
    4. SECTION 18D: TECHNICAL REGULATIONS
  19. Speedway s
    1. SECTION 19A: AUSTRALIAN CHAMPIONSHIPS
    2. SECTION 19B: AUSTRALIAN SPEEDWAY CHAMPIONSHIP
    3. SECTION 19C: AUSTRALIAN TEAM CHAMPIONSHIPS
    4. SECTION 19D: COMPETITION RULES
    5. SECTION 19E: TECHNICAL REGULATIONS
  20. Dirt Track s
    1. SECTION 20A: AUSTRALIAN CHAMPIONSHIPS
    2. SECTION 20B: COMPETITION CLASSES
    3. SECTION 20C: COMPETITION RULES
    4. SECTION 20D: TECHNICAL REGULATIONS
  21. Track s
    1. SECTION 21A: AUSTRALIAN CHAMPIONSHIPS
    2. SECTION 21B: COMPETITION CLASSES
    3. SECTION 21C: COMPETITION RULES
    4. SECTION 21D: TECHNICAL REGULATIONS
  22. Supermoto s
    1. SECTION 22A: AUSTRALIAN CHAMPIONSHIPS
    2. SECTION 22B: COMPETITION CLASSES
    3. Section 22c Competition Rules
    4. SECTION 22D: TECHNICAL REGULATIONS
  23. Trial s
    1. SECTION 23A: AUSTRALIAN CHAMPIONSHIP
    2. SECTION 23B: COMPETITION CLASSES
    3. SECTION 23C: COMPETITION RULES
    4. SECTION 23D: TECHNICAL REGULATIONS
    5. SECTION 23E: CLASS TECHNICAL REGULATIONS
  24. Minikhana s
    1. SECTION 24A: MINIKHANA CLASSES
    2. SECTION 24B: COMPETITION RULES
    3. SECTION 24C: TECHNICAL REGULATIONS
    4. SECTION 24D: MINIKHANA COURSES
  25. Policies s
    1. 25.1 Member Protection Policy
    2. 25.2 Anti-doping Policy
    3. 25.3 Anti Match-fixing Policy
    4. 25.4 Privacy Regulation
    5. 25.5 Occupational Health and Safety Policy
    6. 25.6 Environmental Sustainability Policy
    7. 25.7 National Team Selection Policy

Rules

25.2 Anti-doping Policy

Background

  1. Under a referral dated 1 June 2006 Motorcycling Australia (MA) referred the following anti-doping functions, powers and responsibilities (“anti-doping functions”) to the Australian Sports Anti-Doping Authority (ASADA):

    1. investigating possible anti-doping rule violations within the sport of motorcycling;
    2. issuing infraction notices or other matters under the determined results management process;
    3. convening hearings before the Court of Arbitration for Sport (CAS). There is no other hearing body for anti-doping matters in motorcycling;
    4. presenting allegations of anti-doping rule violations and all relevant, incidental matters in hearings before CAS; and
    5. notifying the results of investigations and hearings and all relevant, incidental matters to relevant bodies including MA and the FIM. Any notification will be subject to the Australian Sports Anti-Doping Authority Act 2006 (ASADA Act) and privacy legislation.
  2. MA and ASADA acknowledge and agree that under the ASADA Act, ASADA has the function of supporting and encouraging the development and implementation of comprehensive programs and education initiatives about sports drug and safety matters. MA will assist ASADA with such matters and will provide education and information regarding anti-doping rules and matters to persons within the sport of motorcycling within the framework established by ASADA.

  3. ASADA will perform and conduct the anti-doping functions in accordance with this referral and the ASADA Act. ASADA will use its best endeavours to ensure the FIM anti-doping code is recognised.

  4. MA refers the above anti-doping functions to ASADA on the basis that:

    1. ASADA will as soon as practicable, subject to the ASADA Act and privacy legislation, provide to MA (and if necessary FIM) copies of relevant documents including but not only test results, infraction notices and hearing documents;
    2. MA retains the right to appear in anti-doping hearings before CAS as an interested party. MA will determine whether it wishes to exercise this right upon notification of a hearing by ASADA. If MA wishes to appear at any anti-doping hearing before CAS it will pay its own costs of such appearance;
    3. all costs of any investigation and hearing (including but not only CAS application costs and any legal costs associated with any investigation and/or hearing) undertaken by ASADA will be paid by ASADA;
    4. MA will immediately advise ASADA of any alleged anti-doping rule violation in motorcycling and will provide assistance to ASADA in any investigation that ASADA might reasonably request; and
    5. ASADA will, subject to the ASADA Act and privacy legislation, provide such reports to MA on ASADA’s conduct of the above anti-doping functions as may be agreed between ASADA and MA.
  5. MA will recognise and enforce any sanction determined by CAS in respect of an anti-doping rule violation in the sport of motorcycling and in any other sport.

  6. MA will use its best endeavours to ensure its Members, Athletes and Athlete Support Personnel are aware of this referral of the anti-doping functions to ASADA and assist and co-operate with ASADA in the conduct of the anti-doping functions. MA otherwise recognises ASADA’s powers and functions under the ASADA Act.

  7. MA has amended its anti-doping policy (ADP) to reflect the roles and responsibilities under the referral. The ADP adopts and reflects the World Anti-Doping Code (Code) which is annexed to and forms part of this ADP.

  8. Where an Athlete or Athlete Support Personnel is bound by FIM’s anti-doping code as well as this ADP, that Person shall be bound to, and have obligations in respect of, both policies.

1 DEFINITIONS

means:

  1. any Person who participates in sport at the international level (as defined by each International Federation), the national level (as defined by each National Anti-Doping Organisation, including but not limited to those Persons in its Registered Testing Pool), and any other competitor in sport who is otherwise subject to the jurisdiction of any Signatory or other sports organisation accepting the Code. All provisions of the Code, including, for example, Testing and TUEs, must be applied to international and national-level competitors. For the purposes of this ADP, ‘Athlete’ includes any participant in sporting activity who is a Member of MA, or a Member organisation of MA, and meets the definition of Athlete under the Code and/or the NAD Scheme as in force from time to time; and
  2. any Person who:

    1. is registered with MA or one of its Members; or
    2. participates, or has in the previous eight years participated, in any sporting activity conducted, authorised, recognised or controlled, either directly or indirectly, by MA or a body affiliated with MA; or
    3. has otherwise agreed to be bound by this ADP.
Code means the World Anti-Doping Code adopted by WADA on 17 November 2007 at Madrid; or if the Code has been amended, the Code as so amended.
Federation Internationale de Motorcylisme (FIM) is the international federation recognised by the International Olympic Committee or the General Assembly of International Sports Federations as the entity responsible for governing motorcycling internationally.
International Federation (IF) means an international federation recognised by the International Olympic Committee or the General Assembly of International Sports Federations as the entity responsible for governing that sport internationally.
Member means a Person who, or a body which, is a member of MA; a Person who, or a body which, is affiliated with MA; or a Person who is a member of a body which is a member of or affiliated with MA.
Motorcycling Australia (MA) means the national entity which is a member of or is recognised by FIM as the entity governing motorcycling in Australia.
National Anti-Doping (NAD) Scheme means the NAD Scheme as defined under the ASADA Act 2006 as amended from time to time.
Prohibited List means the List identifying the Prohibited Substances and Prohibited Methods which is published and revised by WADA as described in Article 4.1 of the Code as updated from time to time.
Specified Substance has the meaning assigned to it in Article 4.2.2 of the Code.
Sporting Administration Body has the same meaning as in the ASADA Act 2006.

2 WHAT IS MA’S POSITION ON DOPING?

MA condemns doping as fundamentally contrary to the spirit of sport. The purpose of this ADP is to protect Athletes’ fundamental right to participate in doping-free sport and to ensure harmonised, coordinated and effective anti-doping programs at the international and national level with regard to detection, deterrence and prevention of doping.

3 WHO DOES THIS ADP APPLY TO?

This ADP applies to Athletes and Athlete Support Personnel as defined under the Code. It also applies to Members, employees and contractors of MA and any other Person who has agreed to be bound by it.

4 OBLIGATIONS

The persons identified in Article 3 are bound by this ADP as a condition of their membership, participation and/or involvement in motorcycling. Athletes and/or Athlete Support Personnel must comply with this ADP and the anti-doping rules as prescribed in the NAD scheme under the ASADA Act. In particular:

4.1 Athletes must:

4.1.1 know and comply with all anti-doping policies and rules applicable to them. These include, but may not be limited to this ADP, the FIM anti-doping code and the NAD Scheme;
4.1.2 be aware of whether they are in FIM’s and/or ASADA’s Registered Testing Pools and comply with the requirements of any such membership;
4.1.3 read and understand the Prohibited List as it relates to them;
4.1.4 be available for Sample collection and provide accurate and up-to-date whereabouts information for this purpose when identified for inclusion in a Registered Testing Pool;
4.1.5 take full responsibility, in the context of anti-doping, for what they ingest, Use and Possess;
4.1.6 inform medical personnel of their obligations not to Use or Possess Prohibited Substances and Prohibited Methods and to take responsibility to make sure that any medical treatment received does not violate anti-doping policies and rules applicable to them;
4.1.7 immediately refer information about possible anti-doping rule violations to ASADA;
4.1.8 assist, cooperate and liaise with ASADA and other Anti-Doping Organisations in relation to the conduct of any investigation or hearing into an alleged anti-doping rule violation;
4.1.9 act in a discreet and confidential manner in discharging their obligations under this ADP;
4.1.10 be available for Sample collection and provide accurate and up-to-date whereabouts information on a regular basis, even if not a regular Member of MA, if required by the conditions of eligibility established by any applicable Anti-Doping Organisation;
4.1.11 attend anti-doping education as directed by MA and/or as appropriate. Failure to attend an anti doping education session shall be no excuse for an alleged anti-doping rule violation, nor shall it mitigate culpability of the Athlete in determining sanction; and
4.1.12 accept that ignorance of this ADP, the Code or the Prohibited List is not an excuse from an alleged anti-doping rule violation, and shall not mitigate culpability in sanction.

4.2 Athlete Support Personnel must:

4.2.1 know and comply with all anti-doping policies and rules applicable to them or the Athletes whom they support. These include, but may not be limited to this ADP; the FIM anti-doping code and the NAD Scheme;
4.2.2 support and assist Anti-Doping Organisations, including ASADA to conduct Doping Control;
4.2.3 use their influence on Athletes’ values and behaviour to foster anti-doping attitudes;
4.2.4 immediately refer information about possible anti-doping rule violations to ASADA;
4.2.5 assist, cooperate and liaise with ASADA and other Anti-Doping Organisations in relation to the conduct of any investigation or hearing into an alleged anti-doping rule violation; and
4.2.6 act in a discreet and confidential manner in discharging their obligations under this ADP.

5 DEFINITION OF DOPING

Doping is defined as the occurrence of one or more of the anti-doping rule violations set out in Article 2 of the Code.

6 PROOF OF DOPING

Article 3 of the Code applies.

7 ANTI-DOPING RULE VIOLATIONS

7.1 Article 2 of the Code applies.

8 THE PROHIBITED LIST

8.1 This ADP incorporates the Prohibited List and otherwise applies Article 4 of the Code.

9 THERAPEUTIC USE

9.1 Athletes with a documented medical condition requiring the Use of a Prohibited Substance or a Prohibited Method must first obtain a Therapeutic Use Exemption (TUE) in accordance with the Code, the International Standard for TUEs and this ADP.
9.2 Athletes who have been identified as included in FIM’s Registered Testing Pool may only obtain TUEs in accordance with the rules of FIM.
9.3 Athletes who are not in FIM’s Registered Testing Pool but are in ASADA’s Registered Testing Pool or Domestic Testing Pool with documented medical conditions requiring the Use of a Prohibited Substance or a Prohibited Method must request a TUE from ASDMAC.
9.4 Athletes who are not in FIM’s or ASADA’s Registered Testing Pool, Domestic Testing Pool or have not otherwise been notified by ASADA, in accordance with the NAD Scheme, that they require TUEs prior to Use of a Prohibited Substance or a Prohibited Method, may submit applications to ASDMAC for approval of a TUE in accordance with the procedures of ASDMAC.
9.5 Athletes should submit applications for TUEs no less than 21 days before they require the approval (eg prior to a National Event), except for retroactive TUEs under Article 9.6.
9.6 An application for a TUE will not be considered for retroactive approval except in cases where:

  1. emergency treatment or treatment of an acute medical condition was necessary; or
  2. due to exceptional circumstances, there was insufficient time or opportunity for an Athlete to submit, or a TUE committee to consider, an application prior to Doping Control; or
  3. ASDMAC procedures, in accordance with the Code and the International Standard for TUEs, provide for retroactive approval.
9.7 An Athlete may not apply to more than one body for a TUE at the same time. Applications must be in accordance with the International Standard for TUEs and the procedures of FIM or ASDMAC as appropriate.
9.8 The granting of a TUE by ASDMAC for an Athlete in ASADA’s Registered Testing Pool shall be promptly reported to WADA.
9.9 WADA, on its own initiative, may review at any time the granting of a TUE to any International Level Athlete in FIM’s Registered Testing Pool or national-level Athlete who is included in ASADA’s Registered Testing Pool. Further, upon the request of any such Athlete who has been denied a TUE, WADA may review such denial. If WADA determines that such granting or denial of a TUE did not comply with the International Standard for TUEs, WADA may reverse the decision.
9.10 An Athlete who is denied a TUE by ASDMAC must seek review by WADA of the decision before any appeal may be commenced under Article 13.4 of the Code. If, contrary to the requirements of the Code, FIM does not have a process in place where Athletes may request TUEs, an International-Level Athlete may request WADA to review the application as if it had been denied.

10 TESTING

10.1 All Athletes subject to Doping Control agree to submit to In-Competition Testing and Out-of-Competition Testing (at any time or place, with or without advance notice) by an Anti-Doping Organisation. ASADA may test any Athlete, any time, anywhere.
10.2 All Testing shall be conducted in conformity with the International Standard for Testing in force at the time of Testing.
10.3 Athletes must comply with their obligations under the ASADA Act (including but not only the NAD Scheme), the FIM anti-doping code, this ADP and under the Code and any International Standards in respect to providing accurate whereabouts information to ASADA and/or FIM. Whereabouts information may be released in accordance with the NAD Scheme.

11 RETIREMENT AND RETURN TO COMPETITION

International-Level Athletes

11.1 An Athlete who has been identified by FIM for inclusion in its Registered Testing Pool shall be subject to FIM’s retirement and return to Competition requirements, to the exclusion of Article 11.3.
11.2 Athletes wishing to retire should contact MA to determine if they are in FIM’s Registered Testing Pool and therefore are required to follow FIM’s procedures. MA shall immediately notify ASADA of the retirement or reinstatement of any Athlete in FIM’s Registered Testing Pool and provide copies of the correspondence from FIM confirming this retirement/reinstatement.

National-Level Athletes

11.3 Athletes in ASADA’s Registered Testing Pool or Domestic Testing Pool shall be subject to the following requirements:

  1. An Athlete who wants to retire from Competition must do so by notifying ASADA by fully completing and forwarding to ASADA the ASADA “RETIREMENT NOTIFICATION FORM” (retirement notification) . Retirement notifications that are not fully completed will not be accepted and will be returned to the Athlete. An Athlete’s retirement date will be the date ASADA receives the fully completed retirement notification.
  2. Upon receipt of a notification under Article 11.3(a), ASADA will, as soon as reasonably practicable, provide the Athlete and MA with written confirmation of the Athlete’s retirement.
  3. Retirement does not:
    1. excuse the Athlete from giving a Sample requested on or before their retirement date, or a Sample required as part of an investigation commenced prior to their retirement date;
    2. excuse the Athlete from assisting, cooperating and liaising with ASADA and other Anti-Doping Organisations in relation to the conduct of any investigation or hearing into an alleged anti-doping rule violation;
    3. prevent the analysis of a Sample given by the Athlete on or before their retirement date;
    4. affect the results of Testing under (i) or (iii) above;
    5. exempt the Athlete from this ADP in relation to an anti-doping rule violation committed on or before their retirement date; or
    6. affect ASADA’s power to conduct results management (see Article 15).
11.4 An Athlete who has retired in accordance with Article 11.3(a), and who wishes to return to Competition, can only do so by notifying ASADA by fully completing and forwarding, the ASADA “REQUEST FOR REINSTATEMENT FORM” (reinstatement request) . Reinstatement requests that are not fully completed will not be accepted and will be returned to the Athlete. The Athlete’s reinstatement request date will be the date ASADA receives the fully completed reinstatement request. Reinstatement will be at the discretion of MA in consultation with ASADA.
11.5 Upon receipt of notification under Article 11.4, ASADA will, as soon as reasonably practicable:

  1. provide the Athlete with written confirmation of the outcome of the Athlete’s reinstatement request; and
  2. if the reinstatement request is approved, provide MA with written confirmation of the Athlete’s reinstatement.
11.6 If reinstatement is granted then this ADP will apply to the Athlete from the date of their reinstatement request.

  1. An Athlete who is reinstated under Article 11.4 may not compete in Competitions and Events conducted by or under the auspices of MA or FIM for a period of 6 months from the date of the reinstatement request.
  2. Upon receiving an application from an Athlete, MA may grant an Athlete an exemption or conditional exemption from the requirements in Article 11.6(a) if the Athlete can satisfy MA that, in all the circumstances, an exemption or conditional exemption should be granted. Such an exemption or conditional exemption may be granted by MA at its sole discretion and MA is not required to give reasons for its decision.
11.7 An Athlete must be available for unannounced Out-of-Competition Testing in accordance with this ADP from the date of their reinstatement request. Being available for Out-of-Competition Testing means that an Athlete has provided current and accurate and up-to-date whereabouts information as required under the reinstatement request and Article 10.3 and has complied with any request by an Anti-Doping Organisation to provide a Sample.
11.8 A decision regarding reinstatement of an Athlete may be appealed to CAS by MA, the Athlete or ASADA.

12 NEW MEMBERS

Any new Member of MA who is an Athlete subject to Doping Control in accordance with the NAD Scheme (including any Athlete in ASADA’s Registered Testing Pool) must also be available for unannounced Out-of-Competition Testing in accordance with this ADP for a period of 6 months from the date of their membership request prior to competing in national or international Competitions and Events.

13 ANALYSIS OF SAMPLES

Samples collected under this ADP must be analysed by WADA-accredited laboratories or as otherwise approved by WADA. Laboratories shall analyse Samples and report results in accordance with the relevant International Standards.

14 INVESTIGATIONS

14.1 ASADA may conduct an investigation to determine whether an anti-doping rule violation may have occurred under this ADP. ASADA will conduct investigations in accordance with the Code, the ASADA Act and the NAD Scheme as published from time to time. MA may, with the prior agreement of ASADA, conduct its own investigation to determine whether an anti-doping rule violation may have occurred under this ADP, provided that MA does so in coordination with any investigation being undertaken by ASADA.
14.2 All persons bound by this ADP and MA must assist, co-operate and liaise with ASADA in relation to any investigation into an alleged anti-doping rule violation.

15 RESULTS MANAGEMENT

15.1 Results shall be managed in accordance with Article 7 of the Code, the ASADA Act 2006 and the NAD Scheme.
15.2 ASADA will conduct any follow up investigation in accordance with the Code, the ASADA Act 2006 and the NAD Scheme.
15.3 ASADA shall be responsible for notification of an alleged anti-doping rule violation and all matters incidental thereto in accordance with the ASADA Act 2006 and the NAD Scheme.
15.4 ASADA will issue an infraction notice. ASADA will advise MA and any other relevant parties that ASADA is issuing an infraction notice prior to issuing the infraction notice.
15.5 The infraction notice shall:

  1. notify the Person of the anti-doping rule/s which appear/s to have been violated and the basis for the violation;
  2. enclose a copy of this ADP and the Code or the web site addresses where these documents may be found;
  3. state that ASADA will refer the matter to a hearing within 14 days (or other period determined by ASADA in accordance with the Code, the NAD Scheme and the ASADA Act), unless the Person gives a written waiver under Article 15.7; and
  4. state that if the Person does not respond within 14 days (or other period in accordance with the Code, the NAD Scheme and the ASADA Act) a hearing can be held in absentia or sanction can be applied in accordance with Article 17.
15.6 Any relevant party will only disclose or use information about a Person who is alleged to have, or has committed an anti-doping rule violation as permitted under the ASADA Act 2006 and the NAD Scheme.
15.7 ASADA will refer the matter to hearing in accordance with Article 16. ASADA may decide not to refer the matter to hearing if the Person in writing:

  1. acknowledges they have admitted the anti-doping rule violation; and
  2. waives the right to a hearing in relation to:
    1. whether they have committed an anti-doping rule violation; and
    2. what sanction will apply.
15.8 If the Person does not respond within 14 days (or other period determined by ASADA in accordance with the Code, the NAD Scheme and the ASADA Act) a hearing can be held in absentia or sanction can be applied in accordance with Article 17.
15.9 If an Athlete or other Person retires while a results management process is underway, ASADA retains jurisdiction to complete its results management process. If an Athlete or other Person retires before any results management process has begun, so long as ASADA would have had results management jurisdiction over the Athlete or other Person at the time the Athlete or other Person committed an anti-doping rule violation, ASADA will have jurisdiction to conduct results management.
15.10 MA must, after consultation with ASADA, impose a Provisional Suspension on any Person whose A Sample is the subject of an Adverse Analytical Finding of a Prohibited Substance other than a Specified Substance.
15.11 MA may, after consultation with ASADA, impose a Provisional Suspension on any Person whose A Sample is the subject of an Adverse Analytical Finding of a Specified Substance or who is issued with an infraction notice or who is subject to an investigation.
15.12 MA may, after consultation with ASADA, impose the following Provisional Suspension. MA may suspend:

  1. financial or other assistance to the Person;
  2. the Person from Competition in Events and Competitions conducted by or under the auspices of MA; and
  3. the Person’s licence or participation permit (if relevant).
15.13 MA may, after consultation with ASADA, apply the Provisional Suspension:

  1. from the date of the infraction notice;
  2. following the 14 day submission period; or
  3. as deemed appropriate by MA or FIM;

until the determination of the hearing or a determination by ASADA not to refer the matter to hearing.

15.14 If a Provisional Suspension is imposed, the hearing under Article 16 shall be advanced to a date that avoids substantial prejudice to the Athlete.
15.15 ASADA will convene any Provisional Hearing and will present the case at any Provisional Hearing unless otherwise agreed.
15.16 As a general rule, the Provisional Suspension of a Person will not be publicly disclosed. A Provisional Suspension may however be publicly disclosed so long as such disclosure will not be unfairly prejudicial to the interests of the Person. ASADA must be consulted prior to any such disclosure.

16 HEARING

16.1 Article 8 of the Code applies.
16.2 ASADA will wait 14 days (or other period determined by ASADA in accordance with the Code, the NAD Scheme and the ASADA Act or a period less than 14 days as agreed between ASADA and the Person) after sending an Infraction Notice above and then will convene CAS to conduct the hearing. ASADA will prosecute the alleged anti-doping rule violation.
16.3 CAS will determine:

  1. if the Person has committed a violation of this ADP;
  2. if so, what sanction will apply;
  3. how long the sanction will apply; and
  4. any other issues properly brought before it for determination.
16.4 CAS will give to the Athlete, ASADA and MA a written statement of:

  1. the findings of the hearing and brief reasons for the findings;
  2. what sanction (if any) will apply;
  3. for how long the sanction (if any) will apply; and
  4. any other issues determined by it.
16.5 Sanctions will be applied under Article 17.
16.6 ASADA will report the outcome of all anti-doping rule violations in accordance with the Code, the ASADA Act 2006 and the NAD Scheme.
16.7 Hearings under this Article shall be completed expeditiously as reasonably practicable.
16.8 Australian Sports Commission (ASC), MA, FIM and WADA and any other relevant body (for example, Australian Olympic Committee, Australian Paralympic Committee or Australian Commonwealth Games Association) shall have the right to attend hearings as an observer or affected party.
16.9 Decisions by CAS under this Article may be appealed as provided in Article 19.
16.10 Decisions by CAS under this Article shall not be subject to further administrative review at the national level except as required by applicable national law.
16.11 If, during a hearing, a party to the hearing process implicates a third party to an anti-doping rule violation, ASADA may use any information that arises as a result of the CAS process without having to first seek the permission of the parties. This clause expressly ousts Rule 43 of the CAS Code of Sports-related Arbitration.

17 SANCTIONS

17.1 Articles 9 and 10 of the Code apply.
17.2 CAS or another relevant body may require the Athlete or other Person to repay all funding and grants received by the Athlete from that body subsequent to the occurrence of the anti-doping rule violation. However, no financial sanction may be considered a basis for reducing the period of Ineligibility or other sanction which would otherwise be applicable under this ADP. Repayment of funding and grants may be made a condition of reinstatement.
17.3 CAS may also determine, in addition to applying the sanctions under the Code, that a Person who has committed an anti-doping rule violation, is required to go to counselling for a specified period.
17.4 Where CAS determines that an employee or contractor of MA has committed an anti-doping rule violation, MA will take disciplinary action against the employee or contractor.
17.5 Once the period of a Person’s Ineligibility has expired and the Person has fulfilled the conditions for reinstatement, then provided that the Person has paid all forfeiture penalties in full and has satisfied in full any award of costs made against the Person by CAS and any other requirements determined by CAS, the Person will become automatically re-eligible and no application for reinstatement will be necessary. If, however, further forfeited amounts become due after the Person’s period of Ineligibility has expired then any failure by the Person to pay all outstanding amounts on or before their respective due dates shall entitle MA to deny the Person’s access to further Competitions and Events or any other MA activity until the amounts due are paid in full unless otherwise agreed by both parties.

18 CONSEQUENCES TO TEAMS

Article 11 of the Code applies.

19 APPEALS

19.1 Decisions made under Article 16 of this ADP may be appealed to the CAS Appeals Division in accordance with this ADP, Article 13 of the Code and the CAS Code of Sports Related Arbitration. Such decisions shall remain in effect while under appeal unless the appellate body orders otherwise. Before an appeal is commenced, any post-decision review authorised in the NAD Scheme or Article 16.9 must be exhausted. The following persons shall have the right to appeal:

  1. the Athlete or other Person who is the subject of the decision being appealed;
  2. the other party to the case in which the decision was rendered;
  3. ASADA;
  4. any other affected parties including MA;
  5. FIM and any other Anti-Doping Organisation under whose rules a sanction could have been imposed;
  6. the International Olympic Committee or International Paralympic Committee, as applicable, where the decision may have an effect in relation to the Olympic Games or Paralympic Games, including decisions affecting eligibility for the Olympic Games or Paralympic Games; and
  7. WADA.
19.2 The outcome of all appeals must be reported to all parties, ASC, MA, FIM and WADA within 14 days of the conclusion of the appeal. ASADA may inform other Persons or organisations as it considers appropriate.
19.3 The time to file an appeal to CAS shall be within 21 days of the release of the written decision of the initial hearing.

20 MANAGEMENT OF ALLEGED ANTI-DOPING RULE VIOLATIONS NOT COVERED BY AN ANTI-DOPING POLICY

In the case of a Person who has committed an anti-doping rule violation or has committed conduct which would have amounted to an anti-doping rule violation if the Person was bound by a Code compliant anti-doping policy and the Person has not been sanctioned by CAS or any other hearing body because the Person was not bound by a Code compliant anti-doping policy, MA will:

  1. prevent that Person from competing in MA Competitions, Events and activities if the Person is an Athlete;
  2. prevent that Person (so far as reasonably possible) from having any involvement in MA Competitions, Events and activities; and
  3. not employ, engage or register that Person;

unless and until that Person agrees to be retrospectively bound by this ADP from the occurrence of the anti-doping rule violation.

21 CONFIDENTIALITY AND REPORTING

21.1 The identity of any Athlete or other Person who is asserted to have committed an anti-doping rule violation may only be Publicly Disclosed by ASADA, or MA after consultation with ASADA, in accordance with the Code, the ASADA Act, the NAD Scheme and the terms of the Confidentiality Undertaking signed between ASADA and MA.
21.2 ASADA or MA, or any official of either, will not publicly comment on the specific facts of a pending case (as opposed to general description of process and science) except in response to public comments attributed to the Athlete, other Person or their representatives.
21.3 No later than 20 days after it has been determined in a hearing in accordance with Article 16 that an anti-doping rule violation has occurred and the time to appeal such decision has expired, or such hearing has been waived and the time to appeal the decision has expired, or the assertion of an anti-doping rule violation has not been challenged in a timely fashion, ASADA must Publicly Disclose at least: the disposition of the anti-doping matter including the sport, the anti-doping rule violated, the name of the Athlete or other Person committing the violation, the Prohibited Substance or Prohibited Method involved and the Consequences imposed. ASADA must also Publicly Disclose within 20 days appeal decisions concerning anti-doping rule violations. ASADA will also, within the time period for publication, send all hearing and appeal decisions to WADA. MA may also elect to make a public statement in relation to the matter, following consultation with ASADA.
21.4 In any case where it is determined, after a hearing or appeal, that the Athlete or other Person did not commit an anti-doping rule violation, the decision may be Publicly Disclosed only with the consent of the Athlete or other Person who is the subject of the decision. ASADA will use reasonable efforts to obtain such consent, and if consent is obtained, will Publicly Disclose the decision in its entirety or in such redacted form as the Athlete or other Person may approve.
21.5 Any decision of an Anti-Doping Organisation regarding a violation of this ADP shall be recognised by all Sporting Administration Bodies, which shall take all necessary action to render such results effective.
21.6 Subject to the right to appeal provided in Article 19, the Testing, TUE and hearing results or other final adjudications of any organisation recognised by ASADA or any Sporting Administration Body which are consistent with the Code and are within the organisation’s authority, shall be recognised and respected by MA. MA may recognise the same actions of other bodies which have not accepted the Code if the rules of those bodies are otherwise consistent with the Code, the NAD Scheme and/or ASADA’s position.

22 INTERPRETATION OF THE CODE

22.1 Article 24 of the Code applies.

23 MISCELLANEOUS

23.1 Statute of Limitations – Article 17 of the Code applies.
23.2 Doping Control for animals competing in Sport – Article 16 of the Code applies (if relevant).
23.3 Words not defined in this ADP have the meaning ascribed to them in the Code unless a contrary meaning appears from the context.
23.4 This ADP may be amended by MA subject to prior consultation with ASADA and ongoing compliance with the Code and ASADA Act.
23.5 Where this ADP adopts and applies an article of the Code that article and the terms in it shall be considered and applied in the context of this ADP.

24 SAFETY POLICY: DRUG AND ALCOHOL TESTING

25 OVERVIEW

MA is committed to ensuring the health and safety of all people associated with its operations and to providing a safe environment. MA and its members, including clubs and promoters, also have a legal duty to take reasonable care of participants in Events.

Motorcycle sport is inherently dangerous. MA recognises that the use of drugs and alcohol can adversely affect an individual’s performance and can be a contributing factor towards making the sport unsafe, increasing the likelihood that injuries and damage to property and equipment will or could occur.

This Policy is designed to ensure that MA complies with its legal obligations and reinforces its commitment to the safety of all participants.

For the avoidance of doubt, this Policy does not replace or in any way affect the anti-doping testing that may be carried out by ASADA or by MA under the Anti-Doping Policy.

26 SCOPE

This Policy applies to:

26.1 all people who are required to be licensed under the Manual (for the avoidance of doubt, this includes all riders, officials (whether paid or volunteers), coaches and mechanics);
26.2 all people who enter the “pit” or “paddock” area at a Location; and
26.3 anyone else who MA or any SCB requires to comply with it from time to time, for example as a condition of entry to a Location.

27 PURPOSE

The purposes of this Policy are as follows.

27.1 To create a safe and healthy environment for all participants in Events that is free from the hazards that may be associated with the use of drugs and alcohol.
27.2 To ensure that MA complies with its legal obligations to provide a safe environment for participants.
27.3 To communicate this policy on the use of drugs and alcohol during Events, and the drug and alcohol testing regime.
27.4 To communicate that it is unacceptable to be under the influence of drugs or alcohol during Events.

28 DEFINITIONS

For the purposes of this Policy, the following terms shall have the following meanings.
Anti-Doping Policy means MA’s “Anti-Doping Policy” as amended from time to time.
ASADA means the Australian Sports Anti-Doping Authority.
Event means a motorcycling event sanctioned by MA directly, or indirectly through a SCB. This may include, but is not limited to, a race, training or testing and exhibitions.
Event Organiser means MA, a SCB, MA member club, promoter or any other entity having control of an Event.
Location means any venue where an Event is taking place.
MA means Motorcycling Australia Limited.
Manual means the “Manual of Motorcycle Sport” produced by MA, as amended from time to time. This means and includes any policies, rules or documents which MA determines amend or supplement the “Manual of Motorcycle Sport” from time to time.
Policy means this policy (including any schedules or annexures) as adopted and amended by MA from time to time.
Prohibited Substance means any substance which is listed in the “List of Prohibited Illicit Drugs” published by the Australian Sports Commission from time to time.
Sample means a sample provided in conjunction with a Test.
SCB means a “State Controlling Body” for the sport of motorcycling as recognised by MA under its constitution.
Significant Incident means any incident which occurs during an Event that results in a person requiring medical treatment, property damage, or any other incident which, in the opinion of the Event Organiser (or its nominee) requires further investigation. This latter category may include dangerous occurrences or near misses during a race.
Test means any test conducted under this Policy to detect the presence of alcohol or a Prohibited Substance.

29 PROHIBITED ACTIVITIES

The use of drugs or alcohol can affect an individual’s ability to safely participate in Events and can contribute to dangerous incidents. Any person to whom this Policy applies must not:
29.1 use, consume, possess, manufacture, sell, purchase or otherwise transfer a Prohibited Substance at a Location;
29.2 have a blood alcohol reading of more than 0.00 at a Location;
29.3 have any Prohibited Substances in their system at a Location;
29.4 refuse to provide a Sample as part of a Test; or
29.5 give false answers to any questions from any person administering a Test.

30 SANCTIONS

30.1 Any person who breaches any of the provisions of clause 5 will be refused participation in the relevant Event at the Location.
30.2 There will be no sanction on a person under this Policy except as set out in sub-clause (a) above. However, for the avoidance of doubt, this does not restrict or limit the possibility of sanctions or penalties under any other rule, regulation, policy, procedure of MA, a SCB, Event Organiser or other controlling body (including, but not limited to, under the procedures in the Manual or the Anti-Doping Policy).

31 PRESCRIBED MEDICATION

31.1 If a person to whom this Policy applies considers there is a possibility that prescribed medication is affecting their ability to participate safely in an Event, that person shall inform the Event Organiser immediately. It is not necessary for the person to disclose the illness, ailment or the medication which they are taking.
31.2 If a participant follows the procedure in sub-clause (a) above, then:

  1. they can participate in an Event if they can provide a medical clearance from their treating medical practitioner clearly stating the medication will not affect the participant’s ability to perform their duties (for a rider, it must state the medication does not affect the ability of the rider to control a motorcycle); or
  2. they can not participate in the Event if they can not provide such a medical clearance.

32 TESTING

32.1 At a Location, an Event Organiser may conduct a Test upon any person to whom this Policy applies to detect the presence of alcohol or a Prohibited Substance in the following circumstances:

  1. on a voluntary basis if a participant requests a Test prior to or during the Event;
  2. randomly as determined by the Event Organiser;
  3. when the Event Organiser suspects, on reasonable grounds, that the person is under the influence of alcohol or a Prohibited Substance.
32.2 An Event Organiser may conduct a Test by testing the breath, urine or saliva of a person. However, such method of testing must be approved by MA.
32.3 The result of any Test and any decision made by the Event Organiser which follows is final. There is no appeal process and a person is not entitled to undergo a second Test.

33 CONFIDENTIALITY

The results of all Tests will be kept confidential to the organisation conducting the Test, the Event Organiser, any relevant SCB, and MA.

34 REHABILITATION AND COUNSELLING

MA recognises drug and alcohol dependency as a treatable condition. Any person who breaches clause 5 of this Policy is encouraged to seek advice and to take appropriate treatment before their performance is affected.

35 ALCOHOL BREATH TESTING

35.1 Testing Procedure

  1. This procedure applies to competitors and officials.
  2. Testing of competitors and officials to determine the presence of alcohol in their body, by analysis of their expired air, is appropriate and necessary for the safety of competitors, officials and the public.
  3. In order to test fairly, an initial test will be undertaken. Should this test return a positive reading, a second test will be undertaken a short time later under controlled conditions to confirm that positive result.
  4. Any competitors or officials detected with a blood alcohol content above 0.1g/litre will be excluded from further participation in the day’s competition (under GCR 4.3.9.1) and subject to sanctions under Chapter 25 and other provisions of the Anti-Doping Policy.
  5. Notification to Competitors or Officials
  6. Competitors or officials must be informed by written notice or in SR at least 24 hours prior to any testing being conducted during the event. They do not need to be informed of the actual times when the tests will be conducted. Evidence of such notice being given must be lodged with the Stewards prior to any tests being performed.

35.2 Requirements of Competitors or Officials

  1. Competitors and officials being tested will be asked not to consume any substances by mouth for a period of 5 minutes prior to any breath analysis test being carried out.
  2. Should an initial test indicate the presence of alcohol, a participant will be isolated for approximately 20 minutes, in the company of a witness. Another test will be undertaken no less than 15 minutes
  3. after the initial test. No substances may be consumed by the competitor or official by mouth during this period.
  4. Should a competitor or official refuse to submit to an alcohol breath test, or fails to follow the proper and reasonable instructions of the testing official, the competitor or official will be considered to have returned a positive result. In these circumstances, no further testing is required and the competitor or official will be excluded from further participation in the day’s competition.

35.3 Requirements for Testing

  1. All tests must be conducted using an appropriate instrument which has been certified as being calibrated in accordance with the requirements of the manufacturer or their agent, within the previous 6 months.
  2. The result of all tests performed must be recorded, together with the names of the competitor or official and the witness, the time and date of the test and the result of the test eg, OK if 0, or actual reading if >0.

35.4 Procedure for Testing

  1. Testing should normally be carried out in the morning, prior to any competition, but may be undertaken at any time during the event.
  2. Testing will be carried out by an official authorised by MA for the purpose (refer to GCR 4.3.9.2) and that official must have been trained and accredited by the manufacturer of the testing equipment or their agent. Such officials may include doctors and police.
  3. Any competitor or official, whose blood alcohol level is above 0.1g/litre, as identified by the instrument, will be given the opportunity to undertake a further test, which will be undertaken no sooner that 15 minutes and no later than 20 minutes after the initial (positive) test. In all cases, the participant shall be accompanied by a witness appointed by the Testing Official for the entire period between the 2 tests.
  4. Should the subsequent test indicate a positive blood alcohol reading (ie above 0.1g/litre, as identified by the instrument) the competitor or official will be excluded from further participation in the day’s event and sanctioned under the other provisions of the MA Anti-Doping Policy.
  5. A positive alcohol result is a breach of the MA Anti-Doping Policy.
  6. Should the subsequent (second) test be negative, then no further action will be taken against the competitor or official. The RCB reserves the right however to ask the same participant to undertake a further test during the meeting.
  7. In any case, the result of the tests may be reported to the RCB and/or MA by the official undertaking the tests in the general event report. Any positive result on the initial test followed by a negative test shall not be recorded in the competitor or official’s history file.
  8. The following extract must be read to competitors or officials prior to undertaking testing:
  9. “You are about to have your expired air tested to ensure compliance with the MA’s Anti-Doping Policy in relation to the presence of alcohol in your body. Should the test be positive, a further test will be undertaken shortly to confirm the test. Please follow the instructions of the testing official.”
  10. In the event of a positive result in the initial test (single positive), the following must be read to the competitor or official:
  11. “Your expired air has indicated the presence of alcohol in your body, this is a breach of the MA Anti-Doping Policy. Another test will be performed shortly to confirm the initial test. You will be requested to be accompanied by a witness at all times for the next 20 minutes. You will not be permitted to consume any substance by mouth until after the test.”

35.5 Procedure for Processing a “Double Positive” Result

  1. The competitors and officials must be advised by the testing official of the result of both tests, that is, the reading noted on the instrument.
  2. The competitors and officials must be advised that under the MA Anti-Doping Policy, no further participation in the meeting will be permitted.

35.6 Procedure following a report of a “Double Positive” Result

The applicable action having been taken, the procedures for notification of a positive result will be followed (see GCR 25.2.2).

35.7 Report by Testing Official

  1. In the case where no positive reading was achieved on the confirming test, the results shall be included with the Stewards’ report of the meeting.
  2. In the case where 1 or more positive readings were achieved on the confirming test, the original of the report must be hand delivered or sent to the RCB by registered post the following day, together with all appropriate Stewards Reports.

36 ALCOHOL BLOOD TESTING

Any competitor or official detected with a blood alcohol content above 0.1g/litre as a result of a blood test performed by qualified medical practitioners or police will be subject to sanctions under GCR 25.2.17.

25.2 Anti-doping Policy

Background

  1. Under a referral dated 1 June 2006 Motorcycling Australia (MA) referred the following anti-doping functions, powers and responsibilities (“anti-doping functions”) to the Australian Sports Anti-Doping Authority (ASADA):

    1. investigating possible anti-doping rule violations within the sport of motorcycling;
    2. issuing infraction notices or other matters under the determined results management process;
    3. convening hearings before the Court of Arbitration for Sport (CAS). There is no other hearing body for anti-doping matters in motorcycling;
    4. presenting allegations of anti-doping rule violations and all relevant, incidental matters in hearings before CAS; and
    5. notifying the results of investigations and hearings and all relevant, incidental matters to relevant bodies including MA and the FIM. Any notification will be subject to the Australian Sports Anti-Doping Authority Act 2006 (ASADA Act) and privacy legislation.
  2. MA and ASADA acknowledge and agree that under the ASADA Act, ASADA has the function of supporting and encouraging the development and implementation of comprehensive programs and education initiatives about sports drug and safety matters. MA will assist ASADA with such matters and will provide education and information regarding anti-doping rules and matters to persons within the sport of motorcycling within the framework established by ASADA.

  3. ASADA will perform and conduct the anti-doping functions in accordance with this referral and the ASADA Act. ASADA will use its best endeavours to ensure the FIM anti-doping code is recognised.

  4. MA refers the above anti-doping functions to ASADA on the basis that:

    1. ASADA will as soon as practicable, subject to the ASADA Act and privacy legislation, provide to MA (and if necessary FIM) copies of relevant documents including but not only test results, infraction notices and hearing documents;
    2. MA retains the right to appear in anti-doping hearings before CAS as an interested party. MA will determine whether it wishes to exercise this right upon notification of a hearing by ASADA. If MA wishes to appear at any anti-doping hearing before CAS it will pay its own costs of such appearance;
    3. all costs of any investigation and hearing (including but not only CAS application costs and any legal costs associated with any investigation and/or hearing) undertaken by ASADA will be paid by ASADA;
    4. MA will immediately advise ASADA of any alleged anti-doping rule violation in motorcycling and will provide assistance to ASADA in any investigation that ASADA might reasonably request; and
    5. ASADA will, subject to the ASADA Act and privacy legislation, provide such reports to MA on ASADA’s conduct of the above anti-doping functions as may be agreed between ASADA and MA.
  5. MA will recognise and enforce any sanction determined by CAS in respect of an anti-doping rule violation in the sport of motorcycling and in any other sport.

  6. MA will use its best endeavours to ensure its Members, Athletes and Athlete Support Personnel are aware of this referral of the anti-doping functions to ASADA and assist and co-operate with ASADA in the conduct of the anti-doping functions. MA otherwise recognises ASADA’s powers and functions under the ASADA Act.

  7. MA has amended its anti-doping policy (ADP) to reflect the roles and responsibilities under the referral. The ADP adopts and reflects the World Anti-Doping Code (Code) which is annexed to and forms part of this ADP.

  8. Where an Athlete or Athlete Support Personnel is bound by FIM’s anti-doping code as well as this ADP, that Person shall be bound to, and have obligations in respect of, both policies.

1 DEFINITIONS

means:

  1. any Person who participates in sport at the international level (as defined by each International Federation), the national level (as defined by each National Anti-Doping Organisation, including but not limited to those Persons in its Registered Testing Pool), and any other competitor in sport who is otherwise subject to the jurisdiction of any Signatory or other sports organisation accepting the Code. All provisions of the Code, including, for example, Testing and TUEs, must be applied to international and national-level competitors. For the purposes of this ADP, ‘Athlete’ includes any participant in sporting activity who is a Member of MA, or a Member organisation of MA, and meets the definition of Athlete under the Code and/or the NAD Scheme as in force from time to time; and
  2. any Person who:

    1. is registered with MA or one of its Members; or
    2. participates, or has in the previous eight years participated, in any sporting activity conducted, authorised, recognised or controlled, either directly or indirectly, by MA or a body affiliated with MA; or
    3. has otherwise agreed to be bound by this ADP.
Code means the World Anti-Doping Code adopted by WADA on 17 November 2007 at Madrid; or if the Code has been amended, the Code as so amended.
Federation Internationale de Motorcylisme (FIM) is the international federation recognised by the International Olympic Committee or the General Assembly of International Sports Federations as the entity responsible for governing motorcycling internationally.
International Federation (IF) means an international federation recognised by the International Olympic Committee or the General Assembly of International Sports Federations as the entity responsible for governing that sport internationally.
Member means a Person who, or a body which, is a member of MA; a Person who, or a body which, is affiliated with MA; or a Person who is a member of a body which is a member of or affiliated with MA.
Motorcycling Australia (MA) means the national entity which is a member of or is recognised by FIM as the entity governing motorcycling in Australia.
National Anti-Doping (NAD) Scheme means the NAD Scheme as defined under the ASADA Act 2006 as amended from time to time.
Prohibited List means the List identifying the Prohibited Substances and Prohibited Methods which is published and revised by WADA as described in Article 4.1 of the Code as updated from time to time.
Specified Substance has the meaning assigned to it in Article 4.2.2 of the Code.
Sporting Administration Body has the same meaning as in the ASADA Act 2006.

2 WHAT IS MA’S POSITION ON DOPING?

MA condemns doping as fundamentally contrary to the spirit of sport. The purpose of this ADP is to protect Athletes’ fundamental right to participate in doping-free sport and to ensure harmonised, coordinated and effective anti-doping programs at the international and national level with regard to detection, deterrence and prevention of doping.

3 WHO DOES THIS ADP APPLY TO?

This ADP applies to Athletes and Athlete Support Personnel as defined under the Code. It also applies to Members, employees and contractors of MA and any other Person who has agreed to be bound by it.

4 OBLIGATIONS

The persons identified in Article 3 are bound by this ADP as a condition of their membership, participation and/or involvement in motorcycling. Athletes and/or Athlete Support Personnel must comply with this ADP and the anti-doping rules as prescribed in the NAD scheme under the ASADA Act. In particular:

4.1 Athletes must:

4.1.1 know and comply with all anti-doping policies and rules applicable to them. These include, but may not be limited to this ADP, the FIM anti-doping code and the NAD Scheme;
4.1.2 be aware of whether they are in FIM’s and/or ASADA’s Registered Testing Pools and comply with the requirements of any such membership;
4.1.3 read and understand the Prohibited List as it relates to them;
4.1.4 be available for Sample collection and provide accurate and up-to-date whereabouts information for this purpose when identified for inclusion in a Registered Testing Pool;
4.1.5 take full responsibility, in the context of anti-doping, for what they ingest, Use and Possess;
4.1.6 inform medical personnel of their obligations not to Use or Possess Prohibited Substances and Prohibited Methods and to take responsibility to make sure that any medical treatment received does not violate anti-doping policies and rules applicable to them;
4.1.7 immediately refer information about possible anti-doping rule violations to ASADA;
4.1.8 assist, cooperate and liaise with ASADA and other Anti-Doping Organisations in relation to the conduct of any investigation or hearing into an alleged anti-doping rule violation;
4.1.9 act in a discreet and confidential manner in discharging their obligations under this ADP;
4.1.10 be available for Sample collection and provide accurate and up-to-date whereabouts information on a regular basis, even if not a regular Member of MA, if required by the conditions of eligibility established by any applicable Anti-Doping Organisation;
4.1.11 attend anti-doping education as directed by MA and/or as appropriate. Failure to attend an anti doping education session shall be no excuse for an alleged anti-doping rule violation, nor shall it mitigate culpability of the Athlete in determining sanction; and
4.1.12 accept that ignorance of this ADP, the Code or the Prohibited List is not an excuse from an alleged anti-doping rule violation, and shall not mitigate culpability in sanction.

4.2 Athlete Support Personnel must:

4.2.1 know and comply with all anti-doping policies and rules applicable to them or the Athletes whom they support. These include, but may not be limited to this ADP; the FIM anti-doping code and the NAD Scheme;
4.2.2 support and assist Anti-Doping Organisations, including ASADA to conduct Doping Control;
4.2.3 use their influence on Athletes’ values and behaviour to foster anti-doping attitudes;
4.2.4 immediately refer information about possible anti-doping rule violations to ASADA;
4.2.5 assist, cooperate and liaise with ASADA and other Anti-Doping Organisations in relation to the conduct of any investigation or hearing into an alleged anti-doping rule violation; and
4.2.6 act in a discreet and confidential manner in discharging their obligations under this ADP.

5 DEFINITION OF DOPING

Doping is defined as the occurrence of one or more of the anti-doping rule violations set out in Article 2 of the Code.

6 PROOF OF DOPING

Article 3 of the Code applies.

7 ANTI-DOPING RULE VIOLATIONS

7.1 Article 2 of the Code applies.

8 THE PROHIBITED LIST

8.1 This ADP incorporates the Prohibited List and otherwise applies Article 4 of the Code.

9 THERAPEUTIC USE

9.1 Athletes with a documented medical condition requiring the Use of a Prohibited Substance or a Prohibited Method must first obtain a Therapeutic Use Exemption (TUE) in accordance with the Code, the International Standard for TUEs and this ADP.
9.2 Athletes who have been identified as included in FIM’s Registered Testing Pool may only obtain TUEs in accordance with the rules of FIM.
9.3 Athletes who are not in FIM’s Registered Testing Pool but are in ASADA’s Registered Testing Pool or Domestic Testing Pool with documented medical conditions requiring the Use of a Prohibited Substance or a Prohibited Method must request a TUE from ASDMAC.
9.4 Athletes who are not in FIM’s or ASADA’s Registered Testing Pool, Domestic Testing Pool or have not otherwise been notified by ASADA, in accordance with the NAD Scheme, that they require TUEs prior to Use of a Prohibited Substance or a Prohibited Method, may submit applications to ASDMAC for approval of a TUE in accordance with the procedures of ASDMAC.
9.5 Athletes should submit applications for TUEs no less than 21 days before they require the approval (eg prior to a National Event), except for retroactive TUEs under Article 9.6.
9.6 An application for a TUE will not be considered for retroactive approval except in cases where:

  1. emergency treatment or treatment of an acute medical condition was necessary; or
  2. due to exceptional circumstances, there was insufficient time or opportunity for an Athlete to submit, or a TUE committee to consider, an application prior to Doping Control; or
  3. ASDMAC procedures, in accordance with the Code and the International Standard for TUEs, provide for retroactive approval.
9.7 An Athlete may not apply to more than one body for a TUE at the same time. Applications must be in accordance with the International Standard for TUEs and the procedures of FIM or ASDMAC as appropriate.
9.8 The granting of a TUE by ASDMAC for an Athlete in ASADA’s Registered Testing Pool shall be promptly reported to WADA.
9.9 WADA, on its own initiative, may review at any time the granting of a TUE to any International Level Athlete in FIM’s Registered Testing Pool or national-level Athlete who is included in ASADA’s Registered Testing Pool. Further, upon the request of any such Athlete who has been denied a TUE, WADA may review such denial. If WADA determines that such granting or denial of a TUE did not comply with the International Standard for TUEs, WADA may reverse the decision.
9.10 An Athlete who is denied a TUE by ASDMAC must seek review by WADA of the decision before any appeal may be commenced under Article 13.4 of the Code. If, contrary to the requirements of the Code, FIM does not have a process in place where Athletes may request TUEs, an International-Level Athlete may request WADA to review the application as if it had been denied.

10 TESTING

10.1 All Athletes subject to Doping Control agree to submit to In-Competition Testing and Out-of-Competition Testing (at any time or place, with or without advance notice) by an Anti-Doping Organisation. ASADA may test any Athlete, any time, anywhere.
10.2 All Testing shall be conducted in conformity with the International Standard for Testing in force at the time of Testing.
10.3 Athletes must comply with their obligations under the ASADA Act (including but not only the NAD Scheme), the FIM anti-doping code, this ADP and under the Code and any International Standards in respect to providing accurate whereabouts information to ASADA and/or FIM. Whereabouts information may be released in accordance with the NAD Scheme.

11 RETIREMENT AND RETURN TO COMPETITION

International-Level Athletes

11.1 An Athlete who has been identified by FIM for inclusion in its Registered Testing Pool shall be subject to FIM’s retirement and return to Competition requirements, to the exclusion of Article 11.3.
11.2 Athletes wishing to retire should contact MA to determine if they are in FIM’s Registered Testing Pool and therefore are required to follow FIM’s procedures. MA shall immediately notify ASADA of the retirement or reinstatement of any Athlete in FIM’s Registered Testing Pool and provide copies of the correspondence from FIM confirming this retirement/reinstatement.

National-Level Athletes

11.3 Athletes in ASADA’s Registered Testing Pool or Domestic Testing Pool shall be subject to the following requirements:

  1. An Athlete who wants to retire from Competition must do so by notifying ASADA by fully completing and forwarding to ASADA the ASADA “RETIREMENT NOTIFICATION FORM” (retirement notification) . Retirement notifications that are not fully completed will not be accepted and will be returned to the Athlete. An Athlete’s retirement date will be the date ASADA receives the fully completed retirement notification.
  2. Upon receipt of a notification under Article 11.3(a), ASADA will, as soon as reasonably practicable, provide the Athlete and MA with written confirmation of the Athlete’s retirement.
  3. Retirement does not:
    1. excuse the Athlete from giving a Sample requested on or before their retirement date, or a Sample required as part of an investigation commenced prior to their retirement date;
    2. excuse the Athlete from assisting, cooperating and liaising with ASADA and other Anti-Doping Organisations in relation to the conduct of any investigation or hearing into an alleged anti-doping rule violation;
    3. prevent the analysis of a Sample given by the Athlete on or before their retirement date;
    4. affect the results of Testing under (i) or (iii) above;
    5. exempt the Athlete from this ADP in relation to an anti-doping rule violation committed on or before their retirement date; or
    6. affect ASADA’s power to conduct results management (see Article 15).
11.4 An Athlete who has retired in accordance with Article 11.3(a), and who wishes to return to Competition, can only do so by notifying ASADA by fully completing and forwarding, the ASADA “REQUEST FOR REINSTATEMENT FORM” (reinstatement request) . Reinstatement requests that are not fully completed will not be accepted and will be returned to the Athlete. The Athlete’s reinstatement request date will be the date ASADA receives the fully completed reinstatement request. Reinstatement will be at the discretion of MA in consultation with ASADA.
11.5 Upon receipt of notification under Article 11.4, ASADA will, as soon as reasonably practicable:

  1. provide the Athlete with written confirmation of the outcome of the Athlete’s reinstatement request; and
  2. if the reinstatement request is approved, provide MA with written confirmation of the Athlete’s reinstatement.
11.6 If reinstatement is granted then this ADP will apply to the Athlete from the date of their reinstatement request.

  1. An Athlete who is reinstated under Article 11.4 may not compete in Competitions and Events conducted by or under the auspices of MA or FIM for a period of 6 months from the date of the reinstatement request.
  2. Upon receiving an application from an Athlete, MA may grant an Athlete an exemption or conditional exemption from the requirements in Article 11.6(a) if the Athlete can satisfy MA that, in all the circumstances, an exemption or conditional exemption should be granted. Such an exemption or conditional exemption may be granted by MA at its sole discretion and MA is not required to give reasons for its decision.
11.7 An Athlete must be available for unannounced Out-of-Competition Testing in accordance with this ADP from the date of their reinstatement request. Being available for Out-of-Competition Testing means that an Athlete has provided current and accurate and up-to-date whereabouts information as required under the reinstatement request and Article 10.3 and has complied with any request by an Anti-Doping Organisation to provide a Sample.
11.8 A decision regarding reinstatement of an Athlete may be appealed to CAS by MA, the Athlete or ASADA.

12 NEW MEMBERS

Any new Member of MA who is an Athlete subject to Doping Control in accordance with the NAD Scheme (including any Athlete in ASADA’s Registered Testing Pool) must also be available for unannounced Out-of-Competition Testing in accordance with this ADP for a period of 6 months from the date of their membership request prior to competing in national or international Competitions and Events.

13 ANALYSIS OF SAMPLES

Samples collected under this ADP must be analysed by WADA-accredited laboratories or as otherwise approved by WADA. Laboratories shall analyse Samples and report results in accordance with the relevant International Standards.

14 INVESTIGATIONS

14.1 ASADA may conduct an investigation to determine whether an anti-doping rule violation may have occurred under this ADP. ASADA will conduct investigations in accordance with the Code, the ASADA Act and the NAD Scheme as published from time to time. MA may, with the prior agreement of ASADA, conduct its own investigation to determine whether an anti-doping rule violation may have occurred under this ADP, provided that MA does so in coordination with any investigation being undertaken by ASADA.
14.2 All persons bound by this ADP and MA must assist, co-operate and liaise with ASADA in relation to any investigation into an alleged anti-doping rule violation.

15 RESULTS MANAGEMENT

15.1 Results shall be managed in accordance with Article 7 of the Code, the ASADA Act 2006 and the NAD Scheme.
15.2 ASADA will conduct any follow up investigation in accordance with the Code, the ASADA Act 2006 and the NAD Scheme.
15.3 ASADA shall be responsible for notification of an alleged anti-doping rule violation and all matters incidental thereto in accordance with the ASADA Act 2006 and the NAD Scheme.
15.4 ASADA will issue an infraction notice. ASADA will advise MA and any other relevant parties that ASADA is issuing an infraction notice prior to issuing the infraction notice.
15.5 The infraction notice shall:

  1. notify the Person of the anti-doping rule/s which appear/s to have been violated and the basis for the violation;
  2. enclose a copy of this ADP and the Code or the web site addresses where these documents may be found;
  3. state that ASADA will refer the matter to a hearing within 14 days (or other period determined by ASADA in accordance with the Code, the NAD Scheme and the ASADA Act), unless the Person gives a written waiver under Article 15.7; and
  4. state that if the Person does not respond within 14 days (or other period in accordance with the Code, the NAD Scheme and the ASADA Act) a hearing can be held in absentia or sanction can be applied in accordance with Article 17.
15.6 Any relevant party will only disclose or use information about a Person who is alleged to have, or has committed an anti-doping rule violation as permitted under the ASADA Act 2006 and the NAD Scheme.
15.7 ASADA will refer the matter to hearing in accordance with Article 16. ASADA may decide not to refer the matter to hearing if the Person in writing:

  1. acknowledges they have admitted the anti-doping rule violation; and
  2. waives the right to a hearing in relation to:
    1. whether they have committed an anti-doping rule violation; and
    2. what sanction will apply.
15.8 If the Person does not respond within 14 days (or other period determined by ASADA in accordance with the Code, the NAD Scheme and the ASADA Act) a hearing can be held in absentia or sanction can be applied in accordance with Article 17.
15.9 If an Athlete or other Person retires while a results management process is underway, ASADA retains jurisdiction to complete its results management process. If an Athlete or other Person retires before any results management process has begun, so long as ASADA would have had results management jurisdiction over the Athlete or other Person at the time the Athlete or other Person committed an anti-doping rule violation, ASADA will have jurisdiction to conduct results management.
15.10 MA must, after consultation with ASADA, impose a Provisional Suspension on any Person whose A Sample is the subject of an Adverse Analytical Finding of a Prohibited Substance other than a Specified Substance.
15.11 MA may, after consultation with ASADA, impose a Provisional Suspension on any Person whose A Sample is the subject of an Adverse Analytical Finding of a Specified Substance or who is issued with an infraction notice or who is subject to an investigation.
15.12 MA may, after consultation with ASADA, impose the following Provisional Suspension. MA may suspend:

  1. financial or other assistance to the Person;
  2. the Person from Competition in Events and Competitions conducted by or under the auspices of MA; and
  3. the Person’s licence or participation permit (if relevant).
15.13 MA may, after consultation with ASADA, apply the Provisional Suspension:

  1. from the date of the infraction notice;
  2. following the 14 day submission period; or
  3. as deemed appropriate by MA or FIM;

until the determination of the hearing or a determination by ASADA not to refer the matter to hearing.

15.14 If a Provisional Suspension is imposed, the hearing under Article 16 shall be advanced to a date that avoids substantial prejudice to the Athlete.
15.15 ASADA will convene any Provisional Hearing and will present the case at any Provisional Hearing unless otherwise agreed.
15.16 As a general rule, the Provisional Suspension of a Person will not be publicly disclosed. A Provisional Suspension may however be publicly disclosed so long as such disclosure will not be unfairly prejudicial to the interests of the Person. ASADA must be consulted prior to any such disclosure.

16 HEARING

16.1 Article 8 of the Code applies.
16.2 ASADA will wait 14 days (or other period determined by ASADA in accordance with the Code, the NAD Scheme and the ASADA Act or a period less than 14 days as agreed between ASADA and the Person) after sending an Infraction Notice above and then will convene CAS to conduct the hearing. ASADA will prosecute the alleged anti-doping rule violation.
16.3 CAS will determine:

  1. if the Person has committed a violation of this ADP;
  2. if so, what sanction will apply;
  3. how long the sanction will apply; and
  4. any other issues properly brought before it for determination.
16.4 CAS will give to the Athlete, ASADA and MA a written statement of:

  1. the findings of the hearing and brief reasons for the findings;
  2. what sanction (if any) will apply;
  3. for how long the sanction (if any) will apply; and
  4. any other issues determined by it.
16.5 Sanctions will be applied under Article 17.
16.6 ASADA will report the outcome of all anti-doping rule violations in accordance with the Code, the ASADA Act 2006 and the NAD Scheme.
16.7 Hearings under this Article shall be completed expeditiously as reasonably practicable.
16.8 Australian Sports Commission (ASC), MA, FIM and WADA and any other relevant body (for example, Australian Olympic Committee, Australian Paralympic Committee or Australian Commonwealth Games Association) shall have the right to attend hearings as an observer or affected party.
16.9 Decisions by CAS under this Article may be appealed as provided in Article 19.
16.10 Decisions by CAS under this Article shall not be subject to further administrative review at the national level except as required by applicable national law.
16.11 If, during a hearing, a party to the hearing process implicates a third party to an anti-doping rule violation, ASADA may use any information that arises as a result of the CAS process without having to first seek the permission of the parties. This clause expressly ousts Rule 43 of the CAS Code of Sports-related Arbitration.

17 SANCTIONS

17.1 Articles 9 and 10 of the Code apply.
17.2 CAS or another relevant body may require the Athlete or other Person to repay all funding and grants received by the Athlete from that body subsequent to the occurrence of the anti-doping rule violation. However, no financial sanction may be considered a basis for reducing the period of Ineligibility or other sanction which would otherwise be applicable under this ADP. Repayment of funding and grants may be made a condition of reinstatement.
17.3 CAS may also determine, in addition to applying the sanctions under the Code, that a Person who has committed an anti-doping rule violation, is required to go to counselling for a specified period.
17.4 Where CAS determines that an employee or contractor of MA has committed an anti-doping rule violation, MA will take disciplinary action against the employee or contractor.
17.5 Once the period of a Person’s Ineligibility has expired and the Person has fulfilled the conditions for reinstatement, then provided that the Person has paid all forfeiture penalties in full and has satisfied in full any award of costs made against the Person by CAS and any other requirements determined by CAS, the Person will become automatically re-eligible and no application for reinstatement will be necessary. If, however, further forfeited amounts become due after the Person’s period of Ineligibility has expired then any failure by the Person to pay all outstanding amounts on or before their respective due dates shall entitle MA to deny the Person’s access to further Competitions and Events or any other MA activity until the amounts due are paid in full unless otherwise agreed by both parties.

18 CONSEQUENCES TO TEAMS

Article 11 of the Code applies.

19 APPEALS

19.1 Decisions made under Article 16 of this ADP may be appealed to the CAS Appeals Division in accordance with this ADP, Article 13 of the Code and the CAS Code of Sports Related Arbitration. Such decisions shall remain in effect while under appeal unless the appellate body orders otherwise. Before an appeal is commenced, any post-decision review authorised in the NAD Scheme or Article 16.9 must be exhausted. The following persons shall have the right to appeal:

  1. the Athlete or other Person who is the subject of the decision being appealed;
  2. the other party to the case in which the decision was rendered;
  3. ASADA;
  4. any other affected parties including MA;
  5. FIM and any other Anti-Doping Organisation under whose rules a sanction could have been imposed;
  6. the International Olympic Committee or International Paralympic Committee, as applicable, where the decision may have an effect in relation to the Olympic Games or Paralympic Games, including decisions affecting eligibility for the Olympic Games or Paralympic Games; and
  7. WADA.
19.2 The outcome of all appeals must be reported to all parties, ASC, MA, FIM and WADA within 14 days of the conclusion of the appeal. ASADA may inform other Persons or organisations as it considers appropriate.
19.3 The time to file an appeal to CAS shall be within 21 days of the release of the written decision of the initial hearing.

20 MANAGEMENT OF ALLEGED ANTI-DOPING RULE VIOLATIONS NOT COVERED BY AN ANTI-DOPING POLICY

In the case of a Person who has committed an anti-doping rule violation or has committed conduct which would have amounted to an anti-doping rule violation if the Person was bound by a Code compliant anti-doping policy and the Person has not been sanctioned by CAS or any other hearing body because the Person was not bound by a Code compliant anti-doping policy, MA will:

  1. prevent that Person from competing in MA Competitions, Events and activities if the Person is an Athlete;
  2. prevent that Person (so far as reasonably possible) from having any involvement in MA Competitions, Events and activities; and
  3. not employ, engage or register that Person;

unless and until that Person agrees to be retrospectively bound by this ADP from the occurrence of the anti-doping rule violation.

21 CONFIDENTIALITY AND REPORTING

21.1 The identity of any Athlete or other Person who is asserted to have committed an anti-doping rule violation may only be Publicly Disclosed by ASADA, or MA after consultation with ASADA, in accordance with the Code, the ASADA Act, the NAD Scheme and the terms of the Confidentiality Undertaking signed between ASADA and MA.
21.2 ASADA or MA, or any official of either, will not publicly comment on the specific facts of a pending case (as opposed to general description of process and science) except in response to public comments attributed to the Athlete, other Person or their representatives.
21.3 No later than 20 days after it has been determined in a hearing in accordance with Article 16 that an anti-doping rule violation has occurred and the time to appeal such decision has expired, or such hearing has been waived and the time to appeal the decision has expired, or the assertion of an anti-doping rule violation has not been challenged in a timely fashion, ASADA must Publicly Disclose at least: the disposition of the anti-doping matter including the sport, the anti-doping rule violated, the name of the Athlete or other Person committing the violation, the Prohibited Substance or Prohibited Method involved and the Consequences imposed. ASADA must also Publicly Disclose within 20 days appeal decisions concerning anti-doping rule violations. ASADA will also, within the time period for publication, send all hearing and appeal decisions to WADA. MA may also elect to make a public statement in relation to the matter, following consultation with ASADA.
21.4 In any case where it is determined, after a hearing or appeal, that the Athlete or other Person did not commit an anti-doping rule violation, the decision may be Publicly Disclosed only with the consent of the Athlete or other Person who is the subject of the decision. ASADA will use reasonable efforts to obtain such consent, and if consent is obtained, will Publicly Disclose the decision in its entirety or in such redacted form as the Athlete or other Person may approve.
21.5 Any decision of an Anti-Doping Organisation regarding a violation of this ADP shall be recognised by all Sporting Administration Bodies, which shall take all necessary action to render such results effective.
21.6 Subject to the right to appeal provided in Article 19, the Testing, TUE and hearing results or other final adjudications of any organisation recognised by ASADA or any Sporting Administration Body which are consistent with the Code and are within the organisation’s authority, shall be recognised and respected by MA. MA may recognise the same actions of other bodies which have not accepted the Code if the rules of those bodies are otherwise consistent with the Code, the NAD Scheme and/or ASADA’s position.

22 INTERPRETATION OF THE CODE

22.1 Article 24 of the Code applies.

23 MISCELLANEOUS

23.1 Statute of Limitations – Article 17 of the Code applies.
23.2 Doping Control for animals competing in Sport – Article 16 of the Code applies (if relevant).
23.3 Words not defined in this ADP have the meaning ascribed to them in the Code unless a contrary meaning appears from the context.
23.4 This ADP may be amended by MA subject to prior consultation with ASADA and ongoing compliance with the Code and ASADA Act.
23.5 Where this ADP adopts and applies an article of the Code that article and the terms in it shall be considered and applied in the context of this ADP.

24 SAFETY POLICY: DRUG AND ALCOHOL TESTING

25 OVERVIEW

MA is committed to ensuring the health and safety of all people associated with its operations and to providing a safe environment. MA and its members, including clubs and promoters, also have a legal duty to take reasonable care of participants in Events.

Motorcycle sport is inherently dangerous. MA recognises that the use of drugs and alcohol can adversely affect an individual’s performance and can be a contributing factor towards making the sport unsafe, increasing the likelihood that injuries and damage to property and equipment will or could occur.

This Policy is designed to ensure that MA complies with its legal obligations and reinforces its commitment to the safety of all participants.

For the avoidance of doubt, this Policy does not replace or in any way affect the anti-doping testing that may be carried out by ASADA or by MA under the Anti-Doping Policy.

26 SCOPE

This Policy applies to:

26.1 all people who are required to be licensed under the Manual (for the avoidance of doubt, this includes all riders, officials (whether paid or volunteers), coaches and mechanics);
26.2 all people who enter the “pit” or “paddock” area at a Location; and
26.3 anyone else who MA or any SCB requires to comply with it from time to time, for example as a condition of entry to a Location.

27 PURPOSE

The purposes of this Policy are as follows.

27.1 To create a safe and healthy environment for all participants in Events that is free from the hazards that may be associated with the use of drugs and alcohol.
27.2 To ensure that MA complies with its legal obligations to provide a safe environment for participants.
27.3 To communicate this policy on the use of drugs and alcohol during Events, and the drug and alcohol testing regime.
27.4 To communicate that it is unacceptable to be under the influence of drugs or alcohol during Events.

28 DEFINITIONS

For the purposes of this Policy, the following terms shall have the following meanings.
Anti-Doping Policy means MA’s “Anti-Doping Policy” as amended from time to time.
ASADA means the Australian Sports Anti-Doping Authority.
Event means a motorcycling event sanctioned by MA directly, or indirectly through a SCB. This may include, but is not limited to, a race, training or testing and exhibitions.
Event Organiser means MA, a SCB, MA member club, promoter or any other entity having control of an Event.
Location means any venue where an Event is taking place.
MA means Motorcycling Australia Limited.
Manual means the “Manual of Motorcycle Sport” produced by MA, as amended from time to time. This means and includes any policies, rules or documents which MA determines amend or supplement the “Manual of Motorcycle Sport” from time to time.
Policy means this policy (including any schedules or annexures) as adopted and amended by MA from time to time.
Prohibited Substance means any substance which is listed in the “List of Prohibited Illicit Drugs” published by the Australian Sports Commission from time to time.
Sample means a sample provided in conjunction with a Test.
SCB means a “State Controlling Body” for the sport of motorcycling as recognised by MA under its constitution.
Significant Incident means any incident which occurs during an Event that results in a person requiring medical treatment, property damage, or any other incident which, in the opinion of the Event Organiser (or its nominee) requires further investigation. This latter category may include dangerous occurrences or near misses during a race.
Test means any test conducted under this Policy to detect the presence of alcohol or a Prohibited Substance.

29 PROHIBITED ACTIVITIES

The use of drugs or alcohol can affect an individual’s ability to safely participate in Events and can contribute to dangerous incidents. Any person to whom this Policy applies must not:
29.1 use, consume, possess, manufacture, sell, purchase or otherwise transfer a Prohibited Substance at a Location;
29.2 have a blood alcohol reading of more than 0.00 at a Location;
29.3 have any Prohibited Substances in their system at a Location;
29.4 refuse to provide a Sample as part of a Test; or
29.5 give false answers to any questions from any person administering a Test.

30 SANCTIONS

30.1 Any person who breaches any of the provisions of clause 5 will be refused participation in the relevant Event at the Location.
30.2 There will be no sanction on a person under this Policy except as set out in sub-clause (a) above. However, for the avoidance of doubt, this does not restrict or limit the possibility of sanctions or penalties under any other rule, regulation, policy, procedure of MA, a SCB, Event Organiser or other controlling body (including, but not limited to, under the procedures in the Manual or the Anti-Doping Policy).

31 PRESCRIBED MEDICATION

31.1 If a person to whom this Policy applies considers there is a possibility that prescribed medication is affecting their ability to participate safely in an Event, that person shall inform the Event Organiser immediately. It is not necessary for the person to disclose the illness, ailment or the medication which they are taking.
31.2 If a participant follows the procedure in sub-clause (a) above, then:

  1. they can participate in an Event if they can provide a medical clearance from their treating medical practitioner clearly stating the medication will not affect the participant’s ability to perform their duties (for a rider, it must state the medication does not affect the ability of the rider to control a motorcycle); or
  2. they can not participate in the Event if they can not provide such a medical clearance.

32 TESTING

32.1 At a Location, an Event Organiser may conduct a Test upon any person to whom this Policy applies to detect the presence of alcohol or a Prohibited Substance in the following circumstances:

  1. on a voluntary basis if a participant requests a Test prior to or during the Event;
  2. randomly as determined by the Event Organiser;
  3. when the Event Organiser suspects, on reasonable grounds, that the person is under the influence of alcohol or a Prohibited Substance.
32.2 An Event Organiser may conduct a Test by testing the breath, urine or saliva of a person. However, such method of testing must be approved by MA.
32.3 The result of any Test and any decision made by the Event Organiser which follows is final. There is no appeal process and a person is not entitled to undergo a second Test.

33 CONFIDENTIALITY

The results of all Tests will be kept confidential to the organisation conducting the Test, the Event Organiser, any relevant SCB, and MA.

34 REHABILITATION AND COUNSELLING

MA recognises drug and alcohol dependency as a treatable condition. Any person who breaches clause 5 of this Policy is encouraged to seek advice and to take appropriate treatment before their performance is affected.

35 ALCOHOL BREATH TESTING

35.1 Testing Procedure

  1. This procedure applies to competitors and officials.
  2. Testing of competitors and officials to determine the presence of alcohol in their body, by analysis of their expired air, is appropriate and necessary for the safety of competitors, officials and the public.
  3. In order to test fairly, an initial test will be undertaken. Should this test return a positive reading, a second test will be undertaken a short time later under controlled conditions to confirm that positive result.
  4. Any competitors or officials detected with a blood alcohol content above 0.1g/litre will be excluded from further participation in the day’s competition (under GCR 4.3.9.1) and subject to sanctions under Chapter 25 and other provisions of the Anti-Doping Policy.
  5. Notification to Competitors or Officials
  6. Competitors or officials must be informed by written notice or in SR at least 24 hours prior to any testing being conducted during the event. They do not need to be informed of the actual times when the tests will be conducted. Evidence of such notice being given must be lodged with the Stewards prior to any tests being performed.

35.2 Requirements of Competitors or Officials

  1. Competitors and officials being tested will be asked not to consume any substances by mouth for a period of 5 minutes prior to any breath analysis test being carried out.
  2. Should an initial test indicate the presence of alcohol, a participant will be isolated for approximately 20 minutes, in the company of a witness. Another test will be undertaken no less than 15 minutes
  3. after the initial test. No substances may be consumed by the competitor or official by mouth during this period.
  4. Should a competitor or official refuse to submit to an alcohol breath test, or fails to follow the proper and reasonable instructions of the testing official, the competitor or official will be considered to have returned a positive result. In these circumstances, no further testing is required and the competitor or official will be excluded from further participation in the day’s competition.

35.3 Requirements for Testing

  1. All tests must be conducted using an appropriate instrument which has been certified as being calibrated in accordance with the requirements of the manufacturer or their agent, within the previous 6 months.
  2. The result of all tests performed must be recorded, together with the names of the competitor or official and the witness, the time and date of the test and the result of the test eg, OK if 0, or actual reading if >0.

35.4 Procedure for Testing

  1. Testing should normally be carried out in the morning, prior to any competition, but may be undertaken at any time during the event.
  2. Testing will be carried out by an official authorised by MA for the purpose (refer to GCR 4.3.9.2) and that official must have been trained and accredited by the manufacturer of the testing equipment or their agent. Such officials may include doctors and police.
  3. Any competitor or official, whose blood alcohol level is above 0.1g/litre, as identified by the instrument, will be given the opportunity to undertake a further test, which will be undertaken no sooner that 15 minutes and no later than 20 minutes after the initial (positive) test. In all cases, the participant shall be accompanied by a witness appointed by the Testing Official for the entire period between the 2 tests.
  4. Should the subsequent test indicate a positive blood alcohol reading (ie above 0.1g/litre, as identified by the instrument) the competitor or official will be excluded from further participation in the day’s event and sanctioned under the other provisions of the MA Anti-Doping Policy.
  5. A positive alcohol result is a breach of the MA Anti-Doping Policy.
  6. Should the subsequent (second) test be negative, then no further action will be taken against the competitor or official. The RCB reserves the right however to ask the same participant to undertake a further test during the meeting.
  7. In any case, the result of the tests may be reported to the RCB and/or MA by the official undertaking the tests in the general event report. Any positive result on the initial test followed by a negative test shall not be recorded in the competitor or official’s history file.
  8. The following extract must be read to competitors or officials prior to undertaking testing:
  9. “You are about to have your expired air tested to ensure compliance with the MA’s Anti-Doping Policy in relation to the presence of alcohol in your body. Should the test be positive, a further test will be undertaken shortly to confirm the test. Please follow the instructions of the testing official.”
  10. In the event of a positive result in the initial test (single positive), the following must be read to the competitor or official:
  11. “Your expired air has indicated the presence of alcohol in your body, this is a breach of the MA Anti-Doping Policy. Another test will be performed shortly to confirm the initial test. You will be requested to be accompanied by a witness at all times for the next 20 minutes. You will not be permitted to consume any substance by mouth until after the test.”

35.5 Procedure for Processing a “Double Positive” Result

  1. The competitors and officials must be advised by the testing official of the result of both tests, that is, the reading noted on the instrument.
  2. The competitors and officials must be advised that under the MA Anti-Doping Policy, no further participation in the meeting will be permitted.

35.6 Procedure following a report of a “Double Positive” Result

The applicable action having been taken, the procedures for notification of a positive result will be followed (see GCR 25.2.2).

35.7 Report by Testing Official

  1. In the case where no positive reading was achieved on the confirming test, the results shall be included with the Stewards’ report of the meeting.
  2. In the case where 1 or more positive readings were achieved on the confirming test, the original of the report must be hand delivered or sent to the RCB by registered post the following day, together with all appropriate Stewards Reports.

36 ALCOHOL BLOOD TESTING

Any competitor or official detected with a blood alcohol content above 0.1g/litre as a result of a blood test performed by qualified medical practitioners or police will be subject to sanctions under GCR 25.2.17.