RNSW_Oct 21_Col_W

under AR 285 or any of AR 301 to AR 310 inclusive, 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. Division 4 – Access to property AR 312 Stewards’ access to property on welfare grounds (1) Without limiting any other rules or powers under these Australian Rules, the Stewards may enter the property of a person in possession of a horse: (a) in respect of which a Mare Return and Foal Ownership Declaration have been lodged under AR 285 and AR 286 respectively; (b) which has been registered for racing under AR 294; (c) which has been registered for breeding under AR 301; or (d) which has been retired into the care of an industry participant under AR 291, AR 298 or AR 308, for the purposes of observing and/or assessing the health and welfare of the horse where there is concern for its health and welfare based on reasonable grounds. (2) Stewards who enter a property under subrule (1) may bring with them persons or items they consider necessary to assist in observing and/or assessing the health and welfare of the relevant horse. Division 5 – Breach of traceability rules AR 313 Breach of traceability rules (1) Without limiting any other rules or powers under these Australian Rules, if a person breaches any rule in this Part 14 the person may be penalised by a PRA or the Stewards. (2) If a person provides any false or misleading information in respect of any form lodged or notification made under any rule in this Part 14, the person may be penalised by a PRA or the Stewards. (3) Without limiting any other rules in this Part 14, if a person fails to lodge any document or provide any notification in accordance with any rule in this Part 14, Racing Australia, the Australian Stud Book, a PRA and/or the Stewards may: (a) restrict that person or any relevant horse from participating in the thoroughbred racing and breeding industry; and/or (b) restrict the payment (including payments under bonus schemes) or awarding of any prize to that person, until the relevant form has been properly lodged or the relevant notification has been properly made. Note: By way of example, Racing Australia may refuse to register a horse, or a PRA may refuse to accept a nomination for a horse, which is owned by a per- son who has failed to lodge a retirement notification form in respect of another horse owned by that person in accordance with AR 297. (4) Without limiting any other rules in this Part 14, if a person fails to lodge any document or provide any notification in accordance with AR 302, AR 303 or AR 304, the Australian Stud Book may refuse to accept any future Mare Return, Stallion Return or Declaration of Service (as applicable) from the relevant person or in respect of the relevant horse. 2. Amend AR 2 as follows: AR 2 Dictionary In the interpretation of these Australian Rules (and any race meeting held under them), unless the context requires otherwise, the words and phrases below have the meanings set out in this rule. authorised agent means a person who has been validly authorised by his or her principal to act on behalf of the principal. breeder means the person responsible for a broodmare in whose name the relevant Mare Return is lodged or is intended to be lodged. breeding horse means a broodmare or a stallion which was an unnamed horse or a named horse but which has subsequently been registered for breeding under these Australian Rules. broodmare means a female horse used to produce foals. Certificate of Registration (Breeding) means the official registration document of that name in relation to the ownership or leasing of a horse for breeding purposes. Certificate of Registration (Racing) means the official registration document of that name in relation to the ownership or leasing of a horse for racing purposes. covering season means the 9 month period from 1 September to 31 May. Declaration of Service means the form required to be lodged with the Australian Stud Book for each stallion declaring (among other things) the broodmares covered by the stallion, or the decision not to cover any broodmares, in the previous month. eligible horse [deleted] Foal Ownership Declaration means the form required to be lodged with Racing Australia for each foal declaring (among other things) the name of each person with a beneficial interest in that foal from its birth to the date of the declaration. lease includes any agreement by the which the owner of a horse permits another person to race the horse or to use the horse for breeding. manager means a person registered with Racing Australia as the manager of a horse owned or leased by a natural person, a group of natural persons, or a Syndicate. Unless established otherwise: (a) the first named person appearing in the Foal Ownership Declaration, Certificate of Registration (Racing), Certificate of Registration (Breeding), or other official ownership or leasing record held by Racing Australia will be deemed to be the manager (subject to AR 63(1)); and (b) if a horse is owned or leased by more than one Syndicate, the first named person appearing in the Foal Ownership Declaration, Certificate of Registration (Racing), Certificate of Registration (Breeding), or other official ownership or leasing record held by Racing Australia will be deemed to be the manager. Mare Return means the form required to be lodged with the Australian Stud Book for each broodmare declaring (among other things) the outcome of the broodmare’s covering by a stallion or the decision not to have the broodmare covered. named horse means a horse which was an unnamed horse but which has subsequently been registered for racing under these Australian Rules. stallion means a male horse used to produce foals. stallion proprietor means the person responsible for a stallion in whose name the relevant Stallion Return and Declarations of Service are lodged or are intended to be lodged. Stallion Return means the form required to be lodged with the Australian Stud Book for each stallion declaring (among other things) the stallion will be used to cover broodmares during that covering season. unnamed horse means a horse which is eligible to be, but has not been, registered for racing or breeding under these Australian Rules. 3. Delete AR 30, AR 34, AR 37, AR 38, AR 50, AR 51 and AR 52. 4. Amend AR 45 as follows. AR 45 Formal documentation required for leased horses (1) A person who leases a horse registered for racing must, as soon as practicable after agreeing to a lease and before entering the horse for any race, lodge a copy (or an original if required by the PRA) of the relevant lease or other documents recording the lease arrangement with the PRA of the State or Territory in which the horse is to race. (2) A person who leases a horse registered for breeding must, as soon as practicable after agreeing to a lease and before lodging a Mare Return or a Stallion Return or Declaration of Service (whichever is earlier), lodge a copy (or an original if required by the Australian Stud Book) of the relevant lease or other documents recording the lease arrangement with the Australian Stud Book. (3) A lease must either be: (a) signed by a natural person if that person is the lessee; (b) lawfully executed on behalf of a company; or (c) signed by the Syndicate manager or person authorised by the Syndicate manager in the case of a Syndicate. 5. Amend AR 46 as follows. AR 46 Obligation to inform a PRA/Australian Stud Book of the termination of a lease (1) If a lease in relation to a horse registered for racing is terminated before the end of its term, the PRA holding a copy of the lease must be given written notice of that termination before the horse is next nominated for a race. (2) If a lease in relation to a horse registered for breeding is terminated before the end of its term, the Australian Stud Book must be given written notice of that termination before a Mare Return or a Stallion Return or Declaration of Service (whichever is earlier) is next lodged in respect of the horse. 6. Amend AR 48 as follows. AR 48 Prohibition on secret commissions in connection with the sale of a horse (1) This rule applies to: (a) any person bound by these Australian Rules (“person”); and (b) any unnamed horse, named horse or breeding horse (for the purposes of this rule, “relevant horse”). (7) The purchase price of a relevant horse must be disclosed on the relevant Transfer of Ownership form lodged with Racing Australia, the Australian Stud Book or the relevant PRA, with such disclosure being made on the Transfer of Ownership form prior to any of the outgoing or incoming owners signing that form. (8) A PRA or the Stewards may, at any time, require any person who is party to or involved, directly or indirectly, in the sale or purchase of a relevant horse to provide full details as they may require of such sale including, without limitation, the purchase price and any benefits. 7. Amend AR 103 as follows. AR 103 Stable Returns required for race entries (1) A Stable Return and any amendment thereto lodged with a PRA (or its agent) is part of any entry for a race at any race meeting. (2) A horse trained in Australia may not be entered for a race, official trial or jump-out unless a Stable Return for the horse is lodged with a PRA (or its agent): (a) prior to the closing time for entries for the race, official trial or jump-out; or (b) if entries for a race close more than 60 days before the advertised date for the running of the race, prior to the time for the first declaration of acceptances for the race. (3) If a horse trained outside Australia is entered for a race, official trial or jump- out, a Stable Return for the horse must be lodged with a PRA (or its agent) prior to the time for declaration of final acceptances for the race, official trial or jump-out. 8. Amend AR 116 as follows. AR 116 Jockeys and apprentice jockeys not to have an interest in horses (1) A jockey or apprentice jockey is not permitted to own, take a lease or have any interest in any unnamed horse or named horse. 9. Amend AR 253 as follows. 145 www.racingnsw.com.au

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