|
ITTF
Handbook 2009
/ 2010 |
| Index |
Description |
| 5.18 |
AMENDMENT AND INTERPRETATION OF ANTI-DOPING RULES |
| 5.18.01 |
These Anti-Doping Rules may be amended from time to time by the ITTF Board of Directors |
| 5.18.02 |
Except as provided in Article 5.18.5, these Anti-Doping Rules shall be interpreted as an independent and autonomous text and not by reference to existing law or statutes. |
| 5.18.03 |
The headings used for the various Parts and Articles of these Anti-Doping Rules are for convenience only and shall not be deemed part of the substance of these Anti-Doping Rules or to affect in any way the language of the provisions to which they refer. |
| 5.18.04 |
The INTRODUCTION and the APPENDIX I DEFINITIONS shall be considered integral parts of these Anti-Doping Rules. |
| 5.18.05 |
These Anti-Doping Rules have been adopted pursuant to the applicable provisions of the Code and shall be interpreted in a manner that is consistent with applicable provisions of the Code. The comments annotating various provisions of the Code may, where applicable, assist in the understanding and interpretation of these Anti-Doping Rules. |
| 5.18.06 |
Notice to an Athlete or other Person who is a member of a National Association may be accomplished by delivery of the notice to the National Association. |
| 5.18.07 |
These Anti-Doping Rules shall come into full force and effect on 1 January 2009 (the gEffective Dateh). They shall not apply retrospectively to matters pending before the Effective Date; provided, however, that: |
| 5.18.07.01 |
Any case pending prior to the Effective Date, or brought after the Effective Date based on an anti-doping rule violation that occurred prior to the Effective Date, shall be governed by the predecessor to these Anti-Doping Rules in force at the time of the anti-doping rule violation, subject to any application of the principle of lex mitior by the hearing panel determining the case. |
| 5.18.07.02 |
Any Article 5.2.4 whereabouts violation (whether a filing failure or a missed test) declared by the ITTF under rules in force prior to the Effective Date that has not expired prior to the Effective Date and that would qualify as a whereabouts violation under Article 11 of the International Standard for Testing shall be carried forward and may be relied upon, prior to expiry, as one of the three Filing Failures and/or Missed Tests giving rise to an anti-doping rule violation under Article 5.2.4 of these Anti-Doping Rules. [Note: where existing whereabouts violations are carried over to the new regime, any restrictions under the old rules on combining those whereabouts violations with other whereabouts violations must also be carried over. Hence: ] Unless otherwise stated by the ITTF, however:
a. a filing failure that is carried forward in this manner may only be combined with (post-Effective Date) Filing Failures;
b. a missed test that is carried forward in this manner may only be combined with (post-Effective Date) Missed Tests; and
c. a filing failure or missed test declared by any Anti-Doping Organization other than the ITTF and a National Association prior to the Effective Date may not be combined with any Filing Failure or Missed Test declared under these Anti-Doping Rules.
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| 5.18.07.03 |
Where a period of Ineligibility imposed by the ITTF under rules in force prior to the Effective Date has not yet expired as of the Effective Date, the Person who is Ineligible may apply to the ITTF for a reduction in the period of Ineligibility in light o the amendments made to the Code as from the Effective Date. To be valid, such application must be made before the period of Ineligibility has expired. |
| 5.18.07.04 |
Subject always to Article 5.10.7.5, anti-doping rule violations committed under rules in force prior to the Effective Date shall be taken into account as prior offences for purposes of determining sanctions under Article 5.10.7. Where such pre-Effective Date anti-doping rule violation involved a substance that would be treated as a Specified Substance under these Anti-Doping Rules, for which a period of Ineligibility of less than two years was imposed, such violation shall be considered a Reduced Sanction violation for purposes of Article 5.10.7.1. |