RNSW_Oct 21_Col_W

RULES OF RACING (b) all relevant transfers of ownership in respect of the horse have been registered with Racing Australia or the relevant PRA (as applicable) in accordance with the Rules; (c) the horse, the trainer and/or the manager have satisfied any other reinstatement requirements of the relevant PRA or the Stewards; and (d) the relevant PRA or the Stewards have considered the wishes of the last owner/s of the horse prior to the decision to not commence racing in respect of any future reinstatement, as notified on the relevant form (including a Stable Return where applicable). AR 291 Unraced unnamed horse into care of industry participant (1) This rule applies where: (a) a decision to not commence racing an unnamed horse is made in accordance with AR 290 (for the purposes of this rule, “unraced horse”); (b) the unraced horse is not registered for breeding in accordance with AR 301; and (c) the person responsible for the unraced horse is a participant in racing (as defined in AR 2) or is otherwise licensed or registered under the Rules (for the purposes of this rule, “responsible person”). (2) During the period in which the responsible person is responsible for the care of the unraced horse, within 7 days of any of the following occurring that person must notify Racing Australia by lodging the relevant form prescribed by Racing Australia: (a) the transfer of the unraced horse to any other person; (b) the change of the unraced horse’s location; (c) the decision to retire the unraced horse from any non-racing career, including but not limited to equestrian pursuits; or (d) the death of the unraced horse. (3) A person is not required to comply with subrule (2)(b) if: (a) the unraced 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 (b) the unraced 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. AR 292 Death of unnamed horse (1) Within 48 hours of the death of 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) A person must not dispose of a deceased unnamed horse without the written approval of Racing Australia or the relevant PRA unless a veterinary certificate as to cause of death is provided to Racing Australia or the relevant PRA. (3) Any person who fails to comply with subrule (1) is not guilty of a breach of that subrule if he or she proves to the satisfaction of the Stewards that he or she was not aware, and could not reasonably have been aware, of the death of the horse. AR 293 Status update for unnamed horse (1) Within 7 days of an unnamed horse not having been the subject of any activity with Racing Australia or a PRA for a period of 6 consecutive months, the manager or his or her authorised agent must notify Racing Australia of the following matters by lodging the relevant form (including a Stable Return where applicable) prescribed by Racing Australia: (a) the current status of the horse; (b) the location of the horse; and (c) any other matters in respect of which a form should have been lodged or a notification should have been made under any rule in this Part 14 in the 6 month period. (2) Prior to the horse reaching the 6 month period of inactivity referred to in subrule (1), Racing Australia will notify the manager or his or her authorised agent of the upcoming notification requirement. (3) For the purposes of this rule, “activity” includes but is not limited to the lodgment or notification of a Stable Return, registration for racing, transfer of ownership, change of location, decision to not commence racing, or death. Division 2 – Named horses AR 294 Registration of horse for racing (1) An application to register a horse for racing (which has complied with AR 285 and AR 286) must be lodged by the owner/s (or the lessee/s) with Racing Australia at least 5 business days before the horse is entered for a race or official trial, and must: (a) disclose the details of the horse, including without limitation its age, sex, colour, sire, dam, microchip number, Foal Identification Card, any brands and markings, and any disqualifications or restrictions incurred; (b) disclose the name of each owner (or lessee) and their ownership (or lease) share; (c) disclose the location of the horse at the time of the application; (d) (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. (2) Racing Australia may require that any of the information identified in subrule (1) be verified by statutory declaration. (3) Racing Australia may in its discretion accept or reject any application for registration of any horse for racing. (4) Upon registration of a horse under this rule, Racing Australia will issue the manager with a Certificate of Registration (Racing). (5) Until a horse has been registered for racing as required by this rule, the horse cannot start in: (a) a race; or (b) an official trial without the permission of a PRA or the Stewards (whom may impose conditions as they see fit on any permission granted). AR 295 Named horse transfer of ownership (1) If a named horse is transferred to a new owner/s, the transfer must be registered with Racing Australia or the relevant PRA (as applicable) in accordance with this rule. (2) All transfers of ownership of a named horse must be lodged with the Racing Australia or the relevant PRA (as applicable) by both the outgoing owners and the incoming owners: (a) within 7 days of each transfer taking place; or (b) at least 24 hours before the horse is entered for a race or official trial, whichever is earlier. For the sake of clarity, where a named 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) Any named 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. (4) A named 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 or the relevant PRA; (e) be accompanied by the fee prescribed by Racing Australia or the relevant PRA (if any); and (f) contain any other information Racing Australia or the relevant PRA considers necessary. (5) A PRA or the Stewards may conduct inquiries into the circumstances of the transfer of a named horse as they see fit, whether or not the transfer has been effected. (6) A PRA may: (a) accept a named 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 a named horse transfer of ownership application; or (ii) if a named horse transfer of ownership has been effected, set aside the transfer. (7) If a named horse transfer of ownership application is accepted or set aside, the relevant PRA must as soon as practicable amend the official ownership records. (8) Until a named horse transfer of ownership is registered as required by this rule, the horse cannot start in a race or official trial without the permission of a PRA or the Stewards (whom may impose conditions as they see fit on any permission granted). AR 296 Named horse change of location (1) Except where stated otherwise, this rule applies to all named and unnamed horses, provided that in respect of an unnamed horse nothing in this rule shall limit the requirements set out in AR 289. (2) A trainer must: (a) disclose the location of a horse under his or her care upon request by a PRA and/or the Stewards (for any purpose) and/or Racing Australia (for retirement purposes only); (b) lodge a Stable Return immediately upon a horse joining the trainer’s stable; (c) notify the Stewards immediately upon a horse which has been retired from racing joining the trainer’s stable; (d) lodge an amendment to a Stable Return immediately if: (i) any particulars on the Stable Return have changed; or (ii) a horse leaves or joins the trainer’s stable, or moves to another of the trainer’s premises (where the trainer’s stable is comprised of more than one premises), with the amendment to disclose the precise location of the horse. (3) For the purposes of subrule (2): (a) if a trainer’s stable is comprised of more than one premises, the trainer must disclose at which premises the horse is located; (b) when a horse leaves a trainer’s stable to spell or otherwise the trainer must disclose the location of the property at which the horse will be located. (4) Where a horse has been entered for a race, from the time of entry to arrival on course prior to racing: (a) except with the permission of the Stewards, the horse must be stabled only at the premises from which the horse’s trainer is licensed to train; (b) if the horse is travelling to participate in the race, the horse’s trainer must inform the Stewards of the horse’s proposed travel plans prior to the horse’s departure from the trainer’s stable and/or lodge a Stable Return disclosing the location of the horse (as required by the relevant PRA). (5) Where a horse is entered for a race in which the entries close more than 60 days prior to the advertised date for the running of the race, subrule (4) shall not apply from the time of entry, but shall apply from the period commencing 6 days prior to the advertised date for the running of the race. (6) If a trainer fails to lodge, in whole or in part, a Stable Return or any amendment thereof, or fails to provide details of the location or movements of a horse, in accordance with the provisions of this rule, the entry of the horse for any race, official trial or jump-out may be rejected or cancelled. (7) The manager of a named horse or his or her authorised agent must, unless otherwise contained in a Stable Return lodged by a trainer in accordance with 142 www.racingnsw.com.au