Cap. 626 чл. 38Anti-Doping. 

(1) The Minister shall, after consultation with the

Authority, make regulations empowering the Authority to adopt and implement anti-doping rules and policies which make sure that Malta conforms with the Anti-Doping Conventions, the WADC and the International Standards set out by the same WADC.

(2) The regulations shall, as a minimum, contain the following:

(a) all anti-doping rule violations arising from the Code;

(b) the procedures in relation to testing and investigation of athletes and their whereabouts information, in-competition and out-of-competition and the authorisation to the Authority to carry out testing and investigations and ask for athletes’ whereabouts;

(c) the procedure in relation to the attainment of a therapeutic use exemption, the establishment of an independent Therapeutic Use Exemption Committee to decide on such requests and appeals from the Committee’s decisions;

(d) the procedures in relation to the collection and analysis of samples collected from athletes and the authorisation to the Authority to collect and analyse such samples;

(e) rules and procedures in relation to results management pertaining to samples collected from athletes;

(f) the establishment of a National Anti-Doping Disciplinary Panel and a National Anti-Doping Appeals Panel, and the rules of procedure for cases of anti-doping rule violations and the standard of proof required;

(g) the sanctions to be imposed on athletes and athlete support persons and the consequences to teams as provided for by the Code;

(h) rules and procedures in relation to confidentiality, public disclosure and data privacy in relation to testing and investigations, the collection and analysis of samples and the publication of decisions of the Committee established in paragraph (c) and the Panels established in paragraph (f);

(i) procedures as to the implementation of the decisions of the Committee established in paragraph (c) and the Panels established in paragraph (f); and

(j) provisions as to the establishment of an educational programme and research by the Authority on anti-doping.

(3) Any person who is found to have administered or allowed to be administered prohibited substances, with intent, to an athlete whilst acting as that athlete’s support person, or any person who is found to have trafficked prohibited substances, or who is found to have allowed the use, provision or trafficking of prohibited substances in a sports facility, shall on conviction be liable to imprisonment for a term of not less than three (3) months but not exceeding ten (10) years or to a fine (multa) of not less than five hundred euro (€500) but not exceeding twenty-five thousand euro (€25,000) or to both such imprisonment and fine.