RACING AUSTRALIA ANNUAL REPORT 2022 7 TOR Rule 6 Ownership restrictions on persons the subject of an Enforcement Action Application Racing Australia has approved amendments to the Trainer and Owner Reform (TOR) Rule 6, such that where a defaulting owner is the subject of a current Enforcement Action Application (EAA), he or she will be prohibited from entering the ownership of any other horse. Only once the EAA is lifted (i.e.by payment of the training debt or through agreement with the trainer) will such an owner be permitted to acquire and register ownership interests in other horses. AR 99 Disqualification of Wrong Horse Which Competed in Race or Trial Under AR 234, PRAs/Stewards may disqualify a horse entered or run in any race under a fraudulently false description or in connection with any other improper or dishonourable action or practice. This rule was designed to deal with matters which generally, involve an element of misconduct. However, there is no rule which expressly provides for disqualification where the wrong horse competes and misconduct is not present, such as the wrong horse running as a result of trainer error. Recent cases have highlighted that such offences would be better dealt with under a specific rule, rather than relying on AR 234. Racing Australia has also introduced a specific rule – AR 99(2) – which gives PRAs/Stewards the express power to disqualify the wrong horse which competed in a race or official trial (for example, due to neglect or carelessness). Under the rule, there is no need to establish that the wrong horse competing was the result of fraudulent or improper practice or dishonourable action before disqualifying the horse. AR 36A & AR 36B Fitness and propriety of owners The introduction of new rules covering the fitness and propriety of owners has been under consideration since February 2021. Following extensive consultation, Principal Racing Authorities unanimously supported the introduction of these new rules which were subsequently endorsed by the Racing Australia Board. Challenges have previously been faced when seeking to restrict certain persons from being owners in order to protect racing’s integrity. Express ownership restrictions are now to be included in the Rules which cover all aspects of ownership and leasehold of horses including ownerships within trust or equitable holdings. Further, ownership restrictions will be imposed on undischarged bankrupts (and other similar persons, eg, those entering into a personal insolvency agreement), to protect trainers and co-owners from issues resulting from non-payment of training fees. In order to ensure individual circumstances can be taken into account, the ownership restrictions for persons with criminal offences or animal cruelty offences and undischarged bankrupts would be subject to the discretion of racing authorities to allow such persons to be owners. The introduction of these rules ensures racing authorities have a line of sight to all persons that could possibly have an interest in a horse. Racing Australia Board & CEO During the year the Racing Australia Board farewelled, with thanks, Steve Wilson AM, Racing Queensland’s Nominated Director, Jeff Ovens, Racing and Wagering Western Australia’s nominated Director and Independent Director and Chair John Messara AM. The Board then welcomed Graham Quirk who replaced Steve Wilson AM and Colin Holt who replaced Jeff Ovens. The Board also bid farewell to former CEO, Myles Foreman. After 16 years with Racing Information Services Australia (RISA) as the founding CEO, Myles guided RISA through its merger with the Australian Racing Board and the acquisition of the Australian Stud Book to form Racing Australia. On behalf of the Board, I would like to acknowledge and thank Myles for his long-standing service and dedication and wish him well for the future. Conclusion Whilst 2021/22 was a challenging year the Racing Australia staff worked tirelessly to deliver the services needed for a successful racing and breeding industry I take this opportunity to thank them all for their hard work. Looking forward, Racing Australia is embarking on the next stage of its evolution. The Racing Australia Board has committed to ensuring the company is appropriately resourced to support the Principal Racing Authorities and the wider Industry to grow thoroughbred breeding and racing. The appointment of a Chief Information Officer and forthcoming appointment of a Chief Operations Officer will ensure we are well placed to answer the demands of growth and increased scrutiny and ensure we are represented strongly both nationally and internationally. I take this opportunity to acknowledge and thank the Directors and staff of Racing Australia, Principal Racing Authority CEOs and staff, and the countless industry participants we have had the privilege of supporting. Your dedication, commitment, and passion for the community of the Racing and Breeding industry is its greatest strength. Paul Eriksson Chief Executive Officer
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