RNSW_Oct 21_Col_W

RULES OF RACING New Rules and Amendments to Existing Rules: Please note: New rules and amendments will be published in this section for a minimum of 12 months from the effective date of the amendment. Permanent inclusion, unless further amended, is published in the complete set of Rules published on the Racing NSW website www.racingnsw.com.au RULES OF RACING PREVIOUSLY PUBLISHED RULE AMENDMENTS The Australian Rules of Racing made the following amendments to the Australian Rules of Racing. PART 14 – TRACEABILITY RULES Division 1 – Unnamed horses AR 285 Lodgment of Mare Return (live foals) (1) A Mare Return must be lodged with the Australian Stud Book by the manager of a broodmare or his or her authorised agent within 30 days of the broodmare giving birth to a live foal. (2) A Mare Return lodged under subrule (1) must: (a) comply with the requirements set out in the Australian Stud Book Rules; (b) disclose the foaling location; (c) disclose the location of the broodmare at the date of the lodgment; (d) be in the form prescribed by the Australian Stud Book; (e) (e) be accompanied by the fee prescribed by the Australian Stud Book (if any); and (f) (f) contain any other information the Australian Stud Book considers necessary. (3) For the purposes of this rule, the “manager” includes the breeder where the broodmare has not yet been registered for breeding in accordance with AR 301. (4) For the sake of clarity, nothing in this rule affects a person’s Mare Return obligations under the Australian Stud Book Rules, save that lodgment of a Mare Return in accordance with this rule constitutes lodgment of a Mare Return under the Australian Stud Book Rules. AR 286 Lodgment of Foal Ownership Declaration (1) A Foal Ownership Declaration must be lodged with Racing Australia by the manager of a foal or his or her authorised agent within 30 days of the foal’s birth. (2) A Foal Ownership Declaration must: (a) disclose the name of each person with a beneficial interest in the foal from its birth to the date of the declaration; (b) disclose the location of the foal at the date of the declaration; (c) be in the form prescribed by Racing Australia; (d) be accompanied by the fee prescribed by Racing Australia (if any); and (e) contain any other information Racing Australia considers necessary. (3) It is a condition precedent to any lodgment under this rule that the manager or his or her authorised agent lodging the Foal Ownership Declaration undertakes to be bound by the Rules and, upon action being taken in compliance with this rule (including by a Syndicate as applicable), the unnamed horse and its owners become subject to, and agree to be bound by, the Rules for the following purposes only as a consequence of, and relating to, the lodgment of the Foal Ownership Declaration: (a) the testing of a named horse which has not been retired from racing under AR 297 for the presence of substances that are prohibited at any time by the Rules; (b) (the testing of an unnamed horse for the presence of anabolic androgenic steroids; (c) the observation of other horses for health and welfare reasons only where there is concern for their health and welfare based on reasonable grounds; and (d) the rules that relate to traceability (any rule under this Part 14 and any relevant Local Rules). (4) Nothing in this rule affects, or releases any person from, any requirement to be bound by the Rules that arises other than by the lodgment of the Foal Ownership Declaration, including but not limited to any requirement to be bound by the Rules that arises as a result of the lodgment of any other form, the making of any other notification, disclosure or declaration, or the operation of any of the Rules. AR 287 Failure to lodge Mare Return and/or Foal Ownership Declaration (1) Except where Racing Australia, in its sole and absolute discretion, permits otherwise, an unnamed horse cannot be registered for racing under these Australian Rules unless a Mare Return and a Foal Ownership Declaration have been lodged in accordance with AR 285 and AR 286 respectively. (2) The discretion in subrule (1) may be exercised by Racing Australia in respect of matters occurring at any time, including prior to the commencement of that subrule. (3) Where a Mare Return and/or a Foal Ownership Declaration have not been lodged in accordance with AR 285 and AR 286 respectively, an owner of the horse must disclose that fact to any potential buyers prior to any sale of the horse. AR 288 Unnamed horse transfer of ownership (1) If an unnamed horse is transferred to a new owner/s, the transfer must be registered with Racing Australia in accordance with this rule. (2) Between the time specified in AR 286(1) and the time an unnamed horse is first registered for racing in accordance with AR 294, all transfers of ownership of that horse must be lodged with Racing Australia by both the outgoing owners and the incoming owners within 7 days of each transfer taking place. For the sake of clarity, where an unnamed horse has multiple owners, the outgoing owners are only required to sign transfer documents to the extent required of them by the applicable agreement governing the horse ownership venture (e.g. the COA). (3) If a person breaches subrule (2), a PRA or the Stewards may restrict the relevant horse from being entered for a race, official trial or jump-out for a period not exceeding 1 month from identification of the breach. (4) Any unnamed horse transfer of ownership application lodged by a Syndicate under subrule (2) shall be sufficient if signed by a majority of the members or by the Syndicate manager. (5) An unnamed horse transfer of ownership application must: (a) disclose the location of the horse at the time of the application and the intended location and use of the horse following the transfer; (b) disclose the seller’s and the buyer’s name and contact details; (c) disclose the sale price; (d) be in the form prescribed by Racing Australia; (e) be accompanied by the fee prescribed by Racing Australia (if any); and (f) contain any other information Racing Australia considers necessary. (6) Racing Australia, a PRA or the Stewards may conduct inquiries into the circumstances of the transfer of an unnamed horse as they see fit, whether or not the transfer has been effected. (7) Racing Australia may: (a) accept an unnamed horse transfer of ownership application; or (b) on proper cause, including but not limited to lack of bona fides of the transaction or the identity of the persons or horse concerned, or a determination that they or any of them are subject to any penalty or restriction under the Rules: (i) reject an unnamed horse transfer of ownership application; or (ii) if an unnamed horse transfer of ownership has been effected, set aside the transfer. (8) If an unnamed horse transfer of ownership application is accepted or set aside, Racing Australia must as soon as practicable amend the official ownership records. AR 289 Unnamed horse change of location (1) The manager of an unnamed horse or his or her authorised agent, or any other person with the relevant knowledge, must disclose: (a) any change in the previously notified location of the unnamed horse to Racing Australia within 3 days of the day on which that change is finalised, by lodging the relevant form (including a Stable Return where applicable) prescribed by Racing Australia; and (b) the location of the unnamed horse upon request by Racing Australia and/ or the relevant PRA, including as required by any registration, transfer of ownership, or other form. (2) A person is not required to comply with subrule (1)(a) if: (a) the unnamed horse is away from its previously notified location for no more than 30 days and during that period the horse is: (i) located at a veterinary clinic, or under the direct care of a veterinary clinic; or (ii) under the direct care of a qualified veterinary surgeon, for the purpose of obtaining treatment from a qualified veterinary surgeon; or (c) (b) the unnamed horse is away from its previously notified location for no more than 7 days for the purpose of being offered for sale at a physical public auction. (3) Nothing in this rule affects a trainer’s Stable Return obligations under AR 296. AR 290 Decision to not commence racing unnamed horse (1) Within 7 days of a decision to not commence racing an unnamed horse, the manager or his or her authorised agent must notify Racing Australia of that fact by lodging the relevant form (including a Stable Return where applicable) prescribed by Racing Australia. (2) Once a form has been lodged in accordance with subrule (1), the horse will be ineligible to race or be trained unless it is reinstated to race or be trained in accordance with this rule. (3) If a horse ceases to be eligible to race or be trained under this rule, a person must not reinstate the horse to race or be trained without the express permission of a PRA or the Stewards. (4) Without limiting their powers to refuse to reinstate a horse to race or be trained in their absolute discretion, for the purposes of subrule (3) a PRA or the Stewards must not grant permission for a horse to be reinstated to race or be trained unless: (a) the horse has passed a veterinary examination conducted by a qualified veterinary surgeon to the satisfaction of the relevant PRA or the Stewards; 141 www.racingnsw.com.au