Australian Harness Racing Rules 259-267
Disqualified Persons

Please Note:   All forms mentioned in the Rules are available from State Controlling Bodies. 

Please Note:  On 1st March 2008 Harness Racing Australia Inc (HRA) replaced Australian Harness Racing Council Inc (AHRC) as the organisation's name.  All AHRC's formal structures, rules, regulations, policies, processes etc., now pertain to HRA, and any reference to Australian Harness Racing Council Inc, AHRC, Council or The Council shall mean Harness Racing Australia Inc or HRA.

Restrictions

259. (1)  A disqualified person or a person whose name appears in the current list of disqualifications published or adopted by a recognised harness racing authority or a person warned off cannot do any of the following    

(a)  associate with persons connected with the harness racing industry for purposes relating to that industry;

(b)  be a member or employee of the Controlling Body;

(c)  be an office holder, official, member or employee of a club;

(d)  enter a racecourse or any place under the control of a club or Controlling Body;

(e)  race, lease, train, drive or nominate a horse;

(f)  conduct breeding activities;

(g)  enter any premises used for the purposes of the harness racing industry;

(h)  participate in any manner in the harness racing industry.

(i)  permit or authorise any person to conduct any activity associated with the harness racing industry at his/her registered training establishment;

(j)  place, or have placed on their behalf, or have any other interest in, a bet on any Australian harness racing race.

(2)  A licence or other authority held by a disqualified person to do any of the things mentioned in sub rule (1) automatically lapses upon disqualification.

(3) The prohibitions mentioned in sub rule (1) come into effect immediately upon disqualification, subject to any contrary directions which might be given by the Stewards.

(4)  If during a period of disqualification the Stewards form the opinion that the circumstances relating to the disqualified person have materially changed, they may remove one or more of the prohibitions set out in sub rule (1) either permanently or for a time.

(5)  The power conferred by sub rule (4) does not empower the Stewards to remove the prohibition on an activity which can only lawfully be carried on under licence.

(6)  Notwithstanding the foregoing provisions of this rule the Controlling Body may make determinations waiving, varying or qualifying the prohibitions set out in the rule.

(7)  A disqualified person who fails to comply with this Rule is guilty of an offence and is liable to a penalty.

259A.  In addition to any penalty imposed pursuant to Rule 259(7) the original period of disqualification shall unless otherwise ordered by the Stewards automatically recommence in full.

Making payments

260.  A disqualified person may during the period of disqualification make payments in respect of a horse entered before the commencement of that period for a race to be run after it expires.

Ineligibility of horse

261. (1)  A horse is ineligible to be nominated for or start in a race if it is owned wholly or in part by a disqualified person or a person whose name appears in the current list of disqualifications published or adopted by a recognised harness racing authority

(2)  The same ineligibility attaches to a horse which is established to the satisfaction of the Controlling Body to be wholly or in part under the care, training, management or supervision of a person mentioned in sub rule (1).

Leases

262. (1)  The lease of a disqualified lessee becomes void at disqualification and a horse subject to the lease must be returned to the owner within 14 days thereof unless otherwise determined by the Controlling Body.

(2)  A person who fails to return a horse as required by sub rule (1) is guilty of an offence.

263. (1)  If a disqualified lessee is not sole lessee that person's interest in the lease becomes void at disqualification and the persons with continuing legal interests in the matter shall submit a proposal to the Controlling Body for the regulation of those interests.

(2)  Pending the Controlling Body's approval of a proposal, it may make such determination concerning the nomination and start in a race of a horse affected, or likely to be affected, by the proposal as it sees fit.

264.  If the lessor of a horse is disqualified such lessor unless the Controlling Body otherwise determines shall not receive or be paid or be entitled to recover from any club or Controlling Body any stake and the lessee shall pay to the Controlling Body any part of the stake to which such lessor would have been entitled by virtue of any agreement between the lessor and the lessee of the horse.

Sale of horses

265. (1)  Unless the Controlling Body otherwise approves, a disqualified person must within 28 days from the date of disqualification or such further period as the Controlling Body may allow, sell by public auction or any other way approved by the Controlling Body, any horse of which that person is the owner.

(2)  A sale must be advertised to the satisfaction of the Controlling Body.

(3)  Where the sale occurs other than in the jurisdiction of the Controlling Body the recognised harness racing authority in the place of sale must be given reasonable notice of sale and it must be advertised to that authority’s satisfaction.

(4)  f the Controlling Body is not satisfied that a sale was effected in good faith it may refuse to approve a transfer or lease of a horse subject to the sale whether from the disqualified owner or anyone else.

(5)  If the Controlling Body is satisfied that horses owned by a disqualified person are not being used and will not be used for any purpose connected with the harness racing industry, it may permit the disqualified person not to sell them.

(6)  A person in breach of any provision of this rule or who is guilty of lack of good faith in effecting a sale is guilty of an offence.

 266. (1)  If a disqualified person is part owner of a horse the owners instead of proceeding to sale may submit a proposal to the Controlling Body for the transfer of the disqualified person's interest.

(2)  Where the owners act under sub rule (1), then pending the Controlling Body's approval of the proposal it may make such determination concerning the nomination and start in a race of a horse affected by the proposal as it sees fit.

(3)  Where the owners proceed to sale, the provisions of rule 265 apply.

Disqualification by conviction

267.  (1)  Subject to sub-rule (2) the Stewards may for such period and on such conditions as they think fit, disqualify a person who is found guilty of a crime or an offence in any State or Territory of Australia or in any country.

(2)  Where a person is convicted of a crime or offence in any State or Territory of Australia or in any country and sentenced to a period of imprisonment the Stewards shall disqualify that person for a period that is at least equivalent to the period of imprisonment.

(3)  Sub-rule (2) shall apply where either part or whole of the period of imprisonment is suspended.

PLEASE NOTE:
Rules Effective from 1st September 1999 (State Controlling Bodies must adopt)
Rules Approved - 16th March 1999 (AHRC Meeting)
 

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