RNSW_Oct 21_Col_W

(d) be in the form prescribed by the Australian Stud Book; (e) be accompanied by the fee prescribed by the Australian Stud Book (if any); and (f) contain any other information the Australian Stud Book considers necessary. (3) For the purposes of this rule, the “manager” includes the stallion proprietor where the stallion 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 Stallion Return obligations under the Australian Stud Book Rules, save that lodgment of a Stallion Return in accordance with this rule constitutes lodgment of a Stallion Return under the Australian Stud Book Rules. AR 304 Lodgment of Declaration of Service (1) Where a Stallion Return has been lodged for a particular covering season, a Declaration of Service must be lodged with the Australian Stud Book on a monthly basis by the manager or his or her authorised agent by the 15th day of the following month for each month during that covering season, including where the stallion does not cover a broodmare in a particular month. Note: By way of example, if a stallion covers a broodmare in October, a Declaration of Service for that month must be lodged with the Australian Stud Book by 15 November. (2) A Declaration of Service must: (a) comply with the requirements set out in the Australian Stud Book Rules; (b) be in the form prescribed by the Australian Stud Book; (c) be accompanied by the fee prescribed by the Australian Stud Book (if any); and (d) contain any other information the Australian Stud Book considers necessary. (3) For the purposes of this rule, the “manager” includes the stallion proprietor where the stallion 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 Declaration of Service obligations under the Australian Stud Book Rules, save that lodgment of a Declaration of Service in accordance with this rule constitutes lodgment of a Declaration of Service under the Australian Stud Book Rules. AR 305 Breeding horse transfer of ownership (1) If a breeding horse is transferred to a new owner/s, the transfer must be registered with the Australian Stud Book in accordance with this rule. (2) All transfers of ownership of a breeding horse must be lodged with the Australian Stud Book by both the outgoing owners and the incoming owners within 7 days of each transfer taking place. For the sake of clarity, where a breeding 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. (3) Any breeding 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 breeding 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 the Australian Stud Book; and (e) be accompanied by the fee prescribed by the Australian Stud Book (if any); and (f) contain any other information the Australian Stud Book considers necessary. (5) The Australian Stud Book, Racing Australia, a PRA or the Stewards may conduct inquiries into the circumstances of the transfer of a breeding horse as they see fit, whether or not the transfer has been effected. (6) The Australian Stud Book may: (a) accept a breeding 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 horses concerned, or a determination that they or any of them are subject to any penalty or restriction under the Rules: (i) reject a breeding horse transfer of ownership application; or (ii) if a breeding horse transfer of ownership has been effected, set aside the transfer. (7) If a breeding horse transfer of ownership application is accepted or set aside, the Australian Stud Book must as soon as practicable amend the official ownership records. (8) Until a breeding horse transfer of ownership is registered as required by this rule, the Australian Stud Book may refuse to accept any Mare Return, Stallion Return or Declaration of Service lodged in respect of the horse. AR 306 Breeding horse change of location (1) The manager of a breeding horse or his or her authorised agent, or any other person with the relevant knowledge, must disclose: (a) subject to subrule (2), any change in the previously notified location of the breeding horse to the Australian Stud Book within 3 days of the day on which that change is finalised; (b) the location of the breeding horse upon request by the Australian Stud Book 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 breeding horse is a broodmare and it is away from its previously notified location for no more than 7 days for the purpose of being covered or foaling; (b) the breeding 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) the breeding 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 307 Decision to retire breeding horse (1) Within 7 days of a decision to retire a breeding horse, the manager or his or her authorised agent must notify the Australian Stud Book of that fact by lodging the relevant form prescribed by the Australian Stud Book. (2) Once a form has been lodged in accordance with subrule (1), the horse will be ineligible to breed unless it is reinstated to breed. (3) If a horse ceases to be eligible to breed under this rule, a person must not reinstate the horse to breed without the express permission of the Australian Stud Book. AR 308 Breeding horse retired to industry participant (1) This rule applies where: (a) a breeding horse is retired from breeding in accordance with AR 307 (for the purposes of this rule, “retired breeding horse”); and (b) the person responsible for the retired breeding 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 retired breeding horse, within 7 days of any of the following occurring that person must notify the Australian Stud Book by lodging the relevant form prescribed by the Australian Stud Book: (a) the transfer of the retired breeding horse to any other person; (b) the change of the retired breeding horse’s location; (c) the decision to retire the retired breeding horse from any post-breeding career, including but not limited to equestrian pursuits; or (d) the death of the retired breeding horse. (3) A person is not required to comply with subrule (2)(b) if: (a) the retired breeding 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 retired breeding horse is away from its previously notified location for no more than 7 days for the purposes of being offered for sale at a physical public auction. AR 309 Death of breeding horse (1) Within 48 hours of the death of a breeding horse, the manager or his or her authorised agent must notify the Australian Stud Book of that fact (and, if applicable, the loss of its foal in utero) by lodging the relevant form prescribed by the Australian Stud Book. (2) A person must not dispose of the deceased horse without the written approval of the Australian Stud Book or the relevant PRA unless a veterinary certificate as to cause of death is provided to the Australian Stud Book 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 310 Status update for breeding horse (1) Within 7 days of a breeding horse not having been the subject of any activity with the Australian Stud Book, Racing Australia or a PRA in a period of 12 consecutive months, the manager or his or her authorised agent must notify the Australian Stud Book of the following matters by lodging the relevant form: (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 12 month period. (2) Prior to the horse reaching the 12 month period of inactivity referred to in subrule (1), the Australian Stud Book 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 Mare Return, Stallion Return, Declaration of Service, transfer of ownership, change of location, retirement from breeding, or death. (4) For the purposes of this rule, the “manager” includes the breeder or the stallion proprietor where the horse has not yet been registered for breeding in accordance with AR 301. AR 311 Application of the Rules to owners of breeding horses (1) It is a condition precedent to any lodgment or notification under AR 285 or any of AR 301 to AR 310 inclusive that the manager or his or her authorised agent lodging the relevant document or making the relevant notification undertakes to be bound by the Rules and, upon action being taken in compliance with any of those rules (including by a Syndicate as applicable), the breeding 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 relevant document or the making of the relevant notification: (a) 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 (b) the rules that relate to traceability (any rule under this Part 14 and any relevant Local Rules). (2) 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 or notification 144 www.racingnsw.com.au