Australian Harness Racing Rules 92-122 |
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Age
92. (1) Save and except for sub-rule (2), provided that the service date of the foal is on or after 1st September the age of a horse shall be reckoned as beginning on 1st January in the next but one racing year. (2) If a horse is foaled in New Zealand between 1st August and 31st August inclusive its age shall be reckoned as beginning on 1st January in the next but one racing year. Eligibility for registration and naming93. (1) A horse shall not be eligible for registration unless:
(a)
It is the progeny of a registered
Standardbred sire and a registered Standardbred mare and its registration
conforms with these rules.
(b)
It is microchipped in accordance with
HRA’s Microchipping Regulations,
freezebranded or otherwise identified by a method approved by HRA.
(c)
It has been parentage verified by D.N.A.
genotyping at a laboratory approved by HRA.
(d)
It is progeny that conforms to the
following genetic principles:
(i)
Chestnut colouration is recessive to all
other colours and therefore any progeny that is not chestnut from a chestnut
to chestnut mating is not eligible for registration;
(ii)
Grey colouration is usually dominant in
relation to all the basic colours and therefore any progeny that is grey is
not eligible for registration unless at least one of its parents is also
grey.
Notwithstanding sub-clauses (i) and (ii) such progeny will be eligible for
registration in the event that blood typing and / or D.N.A. genotyping
establishes to the satisfaction of HRA that the horse in dispute is the
progeny of the said sire and dam.
(2)
Save and except for embryo transfer or some
other procedure approved by the Controlling Body a horse shall not be
eligible for naming and/or registration and entry in the Stud Book if it is
the produce of genetic engineering procedures including but not limited to
cloning, embryo freezing or oocyte collection.
(3)
The progeny of a mare inseminated by
transported semen shall not be eligible for naming and/or registration and
entry in the Stud Book unless all steps taken to bring that progeny into
being have been in accordance with these rules.
(4)
The Controlling Body shall not register a
horse foaled outside its jurisdiction unless the horse is eligible for
registration in an Australian State or Territory or its place of foaling.
(5)
A person seeking registration shall pay to
the Controlling Body such fees relating to identification as it may
determine.
(6)
The connections shall keep clipped that
area of a horse’s body adjacent to or surrounding its brand.
(7)
In the event of the identification of a
horse becoming indistinct, illegible or otherwise unsatisfactory to the
Controlling Body, the connections shall comply with any directions given by
the Controlling Body to rectify the matter.
(8)
A person who fails to comply with sub-rule
(6) or a direction given under sub-rule (7) is guilty of an offence.
(9)
Where a person is guilty of an offence
under this rule, the Controlling Body may take such action with regard to
the horse as it may determine.
94.
(1)
A horse shall not be eligible for naming
unless:
(a)
the horse has been registered in accordance
with Rule 93.
(b)
the name is submitted through the
Controlling Body.
(2)
A Controlling Body shall not permit any
horse to participate in any breeding or racing activities in its
jurisdiction unless and until it has a name approved by the Registrar.
(3)
Each State Controlling Body shall have
incorporated on its standard name application form an acknowledgement and
acceptance by the owner of the horse of complete legal liability should a
name be submitted and name be allocated which infringes any trademark or
copyright.
(4)
A Controlling Body may delete a name or
names before the list of names is submitted to the Registrar.
(5)
(a)
The Registrar shall allocate the first
available name on the list of names submitted by a
Controlling Body after having first eliminated
(i)
Any existing names of trotting or pacing horses appearing on the Australian
name register or the name of any past renowned racetrack performer as
identified in the
Protected Name Lists – Renowned Winners
and
Oaks / Derby Winners
or as a winner of a race specified in
the
Harness Racing Australia Racing Chronicles.
(ii)
Any name having political, religious,
sacred or commercial significance or that is otherwise inappropriate.
(iii)
Any name of indecent, undignified or
irreverent character in English or any other language.
(iv)
Any name having single initials or
numerals, either as a whole name or used as a part of a name with the
exception of the letter ‘’A” or “I” (overseas horses excepted).
(v)
Any name likely to cause confusion by
reason that it sounds or reads the same as an existing name.
(vi)
Any name of a well known living or dead
person the naming of which would be objectionable to the persons concerned,
to relatives or to others in general.
Names of well-known persons, living or dead
are acceptable if written permission has been obtained from either the
person (if they are living) or from the family (if they are deceased).
The naming applicant is responsible for
obtaining written permission.
(vii)
Any name of an Australian Institution or
Organisation, or any name which does or may infringe trademark or copyright.
(Including songs, movies, books & TV shows).
(viii)
Any name the reverse of which is the name
of a horse currently racing.
(ix)
Any name likely to cause confusion in
breeding records by reason that it is the duplicate of a name prominent in
breeding or racing outside Australia.
(x)
The name of any Sire or Dam in the
Australian Trotting Stud Book.
(xi)
Any name more than eighteen letters in
length (including spaces).
(xii)
Any name in any other language than English
where the meaning cannot be proven.
(xiii)
Any name that is difficult to pronounce in
English or any other language.
(b)
The following are not permitted to be used
in a name:-
(i) Apostrophes, full stops,
dashes, characters, numbers and symbols – eg, hyphens (-), acutes (é),
circumflexes (ê), cedilla (ç), graves (è), umlauts (ä), etc.
(ii) Abbreviations such as Mr,
Mrs, Ms, Dr . The words must be
spelt out in full.
(c)
The Registrar may correct any misspelt or
incorrect renderings of a word or phrase.
(d)
Names submitted using part or all of the
Sire and / or Dam name should be spelt the same as the Sire and / or Dam
name.
(e)
If all names on a list are eliminated the
Registrar shall call for a new list to be submitted. (6) (a) Subject to paragraphs (b), (c) and (d), a name once allocated by the Registrar shall not be changed.
(b)
The owner of a yearling that has been
allocated a name by the Registrar shall upon payment of the prescribed
fee(s) be permitted to change the name provided the horse has not competed
in an official trial, race or bred and the change is made before the end if
its yearling season.
Any cancelled name will be made available
for re-use after 12 months.
(c)
The owner of a horse 2 years old or older
that has been allocated a name by the Registrar shall upon payment of the
prescribed fee(s) be permitted to change the name provided the horse has not
competed in an official trial or race or has not bred.
Any cancelled name will be made available
for re-use after 12 months.
(d)
The owner of a horse 2YO or older that has
been allocated a name by the Registrar and has competed in an official trial
in any country can apply to change the horse's name by submitting an
application in writing to the Registrar outlining reasons for wanting the
change. The
application will be considered by the Keeper of the Stud Book and the
Registrar, and if approved, will require payment of the prescribed fee(s).
Any cancelled name will be made available
for re-use after 12 months.
(2) The
Stewards or other official appointed by the Controlling Body may, at any
time, direct that a horse be produced to provide a sample to be analysed to
determine whether any anabolic androgenic steroid is present in the system
of the horse.
(3)
Where a horse is not produced
to provide a sample as directed pursuant to Rule 94A(2) that horse is
ineligible to start in any race:
(a)
until at least 12 months
after the latter of:
(i)
the date on which the horse,
having been registered under these Rules, is allowed to start in a race; and
(ii)
the date on which the horse
is in fact produced to provide a sample to be analysed to determine whether
any anabolic androgenic steroid is present in the system of the horse; and
(b)
only after an Anabolic
Androgenic Steroid Clearing Certificate is provided in respect of a sample
taken from the horse, such sample having been taken at a date determined by
the Stewards.
(4) Where a sample taken at any time from a horse has detected in it
an anabolic androgenic steroid (other than an anabolic androgenic steroid
which is present at or below the relevant concentrations set out in Rule
188A(2)), that horse is ineligible to start in any race:
(a)
until at least 12 months
after the latter of:
(i)
the date on which the horse,
having been registered under these Rules, is allowed to start in a race; and
(ii)
the date the relevant sample
was taken; and
(b)
only after an Anabolic
Androgenic Steroid Clearing Certificate is provided in respect of a sample
taken from the horse, such sample having been taken at a date determined by
the Stewards.
(5)
Any person must, when
directed by the Stewards or other person authorised by the Controlling Body,
produce, or otherwise give full access to, the horse so that the Stewards or
other person authorised by the Controlling Body may take or cause a sample
to be taken and analysed to determine whether any anabolic androgenic
steroid is present in the system of the horse.
(6)
For the avoidance of
doubt and without limitation, sub-rule (5) requires an owner, lessee,
nominator and/or trainer to produce the horse, or otherwise give full access
to the horse, even if the horse is:
(a)
under the care or control of
another person; and/or
(b)
located at the property of
another person.
(7) Any
person who fails to produce, or give full access to, a horse to provide a
sample as required by sub-rule (5) is guilty of an offence.
Naming and registration
95.
(1)
A person desiring to register a horse may
make application to the Controlling Body. (2)
A person desiring to name a horse may make
application to the Controlling Body. (3)
An application under this rule is to be
made in the manner and form and be accompanied by such documentation,
information and fees as the Controlling Body may determine.
(4)
A person making application to name a horse shall ensure that all
proposed names comply with Rules 93 and 94.
(5)
Application to name or register a horse
shall be made on form R95-A.
(6)
The Controlling Body may grant or refuse an
application under this rule.
(7)
The Controlling Body may cancel the
registration of a horse.
(8)
A person who fails to comply with sub-rule
(4) is guilty of an offence.
Foreign
horses
95A.
(1)
A foreign horse shall be eligible for
registration in Australia provided such horse:
(a)
Is registered with the controlling trotting
authority of the country it was cleared from; and
(b)
Is a Standardbred; and
(c)
Has been parentage verified by D.N.A.
genotyping or blood typing.
(2)
A foreign horse shall not be eligible for
registration in Australia until such time as:
(a)
HRA receives a clearance certificate from
the country in which such foreign horse was last registered, and
(b)
The appropriate clearance registration fee
is paid, and
(c)
It
is microchipped in accordance with
HRA’s Microchipping Regulations,
freezebranded or otherwise identified by a method approved by HRA.
(3)
Upon the receipt of a Clearance Certificate
a foreign bred horse shall be allocated its existing name and in addition
shall have a suffix added to its name to denote the country of origin.
(4)
The suffix to be added to the name shall be
as follows:
(5)
The name of a foreign horse will be checked
by the Registrar for verification and recording and the Registrar shall
advise the Controlling Body that the name is available or otherwise. (6) If the name is not available then a prefix will be applied, and under certain circumstances a new name may be requested by the Registrar. In such case where a name is changed the suffix applicable shall be added to the new name. (7) If the name of a foreign horse is of a well known living or deceased Australian person, permission must be obtained by HRA from either the person (if they are living) or from the family (if they are deceased) to allow the name in Australia. Otherwise a name change may be requested by the Registrar. (8) The owner of a yearling bred outside Australia shall upon payment of the prescribed fee(s) be permitted to change the name provided the horse has not competed in an official trial or race either in Australia or Overseas, has not bred and the change is made before the end of its yearling season in Australia.
(9)
The owner of a horse 2 years old or older
bred outside Australia shall upon payment of the prescribed fee(s) be
permitted to change the name provided that horse has not competed in an
official trial or race either in Australia or overseas, or has not bred.
(10)
The owner of a horse 2YO or older bred
outside Australia that has been allocated a name and has competed in an
official trial in any country can apply to change the name by submitting an
application in writing to the Registrar outlining reasons for wanting to
make the change.
The application will be considered by the
Keeper of the Stud Book and the Registrar, and if approved, will require
payment of the prescribed fee(s).
Any cancelled name will be made available
for re-use after 12 months.
(11)
Apostrophes, dashes and dots which are part
of a foreign horse name will be eliminated.
95AB.
(1)
If any matter that is not specifically
covered by these rules arises the Registrar may allow a name or a new name.
(2) The Registrar may order a change of name wherever such change is deemed necessary to comply with the context of these rules. Registration certificate96. (1) When a horse is named and registered the Controlling Body shall issue a registration certificate. (2) The registration certificate shall be issued to the owner of the horse or to some other person considered appropriate by the Controlling Body, but remains the property of the Controlling Body. (3) The registration certificate shall at all times be in possession of the trainer or other person in charge of the horse from time to time. (4) The Controlling Body may substitute some other document or record for a registration certificate and the rules relating to such certificates shall then be read accordingly. (5) The person who is required under this rule to have possession of the registration certificate shall produce same to the Controlling Body or Stewards on demand.(6) A person not authorised in that behalf by the Controlling Body shall not erase or alter any information or particulars on a registration certificate. (7) A person who fails to comply with sub rule (3) or sub rules (5) and (6) is guilty of an offence. deregistration of a horse 96A. (1) The Controlling Body may on application made by the owner of a horse withdraw the registration certificate of the horse. (2) A horse which has its registration certificate withdrawn shall not be issued with another registration certificate without the written consent of the owner who applied for the withdrawal of the original registration certificate. (3) (a) Where a registered horse has been retired from racing or a decision has been made to not race the horse, the owner of the horse at the time of its retirement must, within one month of the horse’s retirement, notify the Registrar by lodging the relevant form prescribed by the Registrar. (b)
Where a registered
horse has been retired from racing or a decision has been made to not race
the horse but retain it for the purposes of breeding, the owner of the horse
at the time of its retirement from breeding must, within one month of the
horse’s retirement notify the Registrar by lodging the relevant prescribed
form. (4) The owner or trainer of a registered horse at the time of its death shall:- (a) In the case of a horse which dies within 14 days of being entered for or participating in a race notify the Controlling Body or Stewards of the death within 24 hours of its occurrence. (b) In any other case notify the Controlling Body or Stewards of the death within 7 days of its occurrence. (5) A notification of death under sub rule (4) shall be in writing or such other form as the Controlling Body or Stewards may determine. (6) The person in possession of the dead horse’s registration certificate shall within 7 days of such notification return the certificate to the Controlling Body. (7) The owner or trainer shall comply with any direction given by the Stewards or the Controlling Body to verify the death. (8) The owner or trainer of a horse whose death has been notified, or which should have been notified, under sub rule (4)(a) shall not dispose of the carcass without the permission of the Stewards or the Controlling Body. (9) Where notification has been given in accordance with sub-rule (3) the horse will cease to be registered and is ineligible to race unless it is re-registered. (10) A person who fails to comply with this rule is guilty of an offence. 96B. Notification of deregistration or death shall be given to the Controlling Body or Stewards on Form R25-A. Gait Change97. (1) The owner or lessee of a horse may make application to the Controlling Body or Stewards to change the gait of the horse. (2) The gait of a horse shall not be changed until the horse has trialled to the satisfaction of the Stewards. (3) The application shall be made in the manner and form and be accompanied by such documentation, information and fees as the Controlling Body may determine. 97A. Application to change the gait of a horse shall be made on Part B of form R25-A. Medical and surgical procedures98. (1) A horse which has had a limb neurectomy is ineligible to race. (2) An owner, trainer or other person who permits a horse which has had a limb neurectomy to race is guilty of an offence. (3) A horse which has had a tracheostomy, with or without a tracheotomy tube inserted, is ineligible to race. (4) An owner, trainer or other person who permits a horse which has had a tracheostomy to race, is guilty of an offence. 99. (1) A person shall not perform or authorise the performance of the procedure of pin-firing or bar-firing (thermacautery) a horse. (2) A person who fails to comply with sub rule (1) is guilty of an offence. 100. (1) A person who has a horse gelded or submits it to a medical, surgical or other procedure of a type specified by the Controlling Body or Stewards, shall notify the Controlling Body or Stewards of that fact. (2) Notification under sub rule (1) shall be given within 7 days of the gelding or other procedure occurring, in writing or such other form as the Controlling Body or Stewards may determine and, if the horse is named, notification shall be accompanied by the horses registration certificate. (3) Where a horse has been gelded the connections of such gelding shall not nominate such gelding for a race to be run within a period of 28 days of the horse being gelded. (4) A person who fails to comply with any provision of this rule is guilty of an offence.100A. Notification of gelding or performance of other specified procedures shall be given to the Controlling Body or Stewards on Part B of form R25-A. Bleeding attacks101. (1) Any time a horse suffers a bleeding attack the trainer shall immediately and in any event within 24 hours notify the Stewards. (2) The appearance of blood at both nostrils constitutes a bleeding attack.
(3) If
the
Stewards
are satisfied
that
a horse
has
suffered
a
bleeding
attack which
has
originated
from
the
respiratory
system
the
Stewards
shall
bar
the
horse
from
racing:-
(a) after the first
bleeding attack for three (3)
months;
(b) after the
second bleeding attack for life.
(4) A
horse which has been
barred
under Sub-rule
(3) (a)
shall not
resume racing until:-
(a) it
has
trialled to the satisfaction
of
the
Stewards.
(b) a
veterinary
surgeon
has
certified
in
writing
that
the
horse
is
fit
to
resume
racing. (5) A trainer who fails to comply with sub rule (1) or races a horse in contravention of sub rule (4) is guilty of an offence. (6) Any person who furnishes the Stewards with a false certificate is guilty of an offence. 101A. (1) Where a horse is barred from racing under rule 101 the Stewards shall issue a notice in terms of form R134-A and give it to the trainer or authorised agent. (2) Sub rules (2), (3) and (4) of rule 134A apply.
101B. (1)
Any
time
a
horse
suffers
bleeding
from
one
nostril
the trainer
shall
immediately
and
in
any
event
within
twenty
four
(24)
hours
notify
the
Stewards. (2) If the Stewards determine that a horse has bled from one nostril the horse shall not be eligible to race until it has trialled to the satisfaction of the Stewards. Atrial Fibrillation 101C. (1) If a horse suffers atrial fibrillation the trainer shall immediately and in any event within 24 hours notify the Stewards. (2) If the Stewards are satisfied that a horse has suffered atrial fibrillation the Stewards shall: (a) After the first attack stand the horse down from racing for a period of 14 days, require the horse to undergo an ECG prior to a trial and then trial to the satisfaction of the Stewards. (b) After the second attack stand the horse down from racing for a period of 28 days, require the horse to undergo an ECG before trialling and then trial on two occasions to the satisfaction of the Stewards.
(c)
After the third attack, bar the horse for
life.
Blindness102. (1) The owner or trainer of a horse which is blind in 1 eye or has visual impairment may apply to the Chairman of Stewards for permission to race the horse. (2) The Chairman of Stewards may grant permission subject to such conditions as the Chairman sees fit to impose. (3) A person shall not permit a horse which is blind in 1 eye or which has visual impairment to race without permission, or contrary to or in non compliance with a condition imposed by the Chairman of Stewards on granting permission. (4) A person who fails to comply with any provision of sub rule (3) is guilty of an offence. Vice in horse103. The Controlling Body, or the Stewards on forming the opinion that a horse has a defect, habit or vice which endangers or might endanger itself or other horses or drivers may bar the horse from racing for any period of time. 103A (1) Where the Stewards deem it appropriate, they may issue a notice in terms of form R134-A in respect of a horse which has a defect, habit or vice and give it to the trainer or authorised agent. (2) Where the Stewards act under sub rule (1), sub rules (2),(3) and (4) of rule 134 apply. 103B. (1) A mare or filly shall not race or perform track work after day 120 of its pregnancy.
(2)
A person who fails to comply with this Rule
is guilty of an offence. Notification of disease or death104. (1) If a horse contracts or is suffering any contagious disease or condition specified by the Controlling Body or Stewards, the connections of the horse must immediately and in any event within 24 hours of the horse being diagnosed as suffering from the disease or condition, notify the Controlling Body or Stewards in writing of that fact. (2) A person who fails to comply with sub rule (1) is guilty of an offence. (3) The Controlling Body or Stewards may take such action with regard to the horse as it or they may determine. (4) Action under sub rule (3) may include ordering the destruction of the horse. 104A. (1) The Controlling Body or Stewards may, by order in writing, declare an infectious or contagious animal disease or condition to be a contagious disease or condition for the purposes of this Rule. (2) A person who owns or is in charge of, or has in his or her possession or control, a horse which the person suspects or should reasonably suspect is infected with a contagious disease or condition and who does not, as soon as possible after the person should have suspected or became aware that the horse is infected and in any event within 24 hours of the horse being diagnosed as suffering from the disease or condition, notify the Controlling Body or Stewards in that State or Territory by the quickest means of communication available to the person, is guilty of an offence. (3) A person who owns or is in charge of, or has in his possession or control, a horse which the person suspects or may reasonably suspect is infected with a contagious disease or condition must, as far as practicable, keep that horse separate from other horses or animals not so infected. A person who contravenes this sub-rule is guilty of an offence. (4) If they reasonably suspect any premises, place or area to be contaminated with a contagious disease or condition the Stewards may, by order in writing, declare it to be an infected place. Such written notice of an order declaring any premises, place or area to be an infected place may be given to the owner or person in charge or in apparent control of the premises, place or area to which the order relates. (5) If they reasonably suspect any vehicle to be contaminated with a contagious disease or condition the Stewards may, by order in writing, declare it to be an infected vehicle. Such written notice of an order declaring a vehicle to be an infected vehicle may be given to the owner or person in charge or in apparent control of the vehicle to which the order relates. (6) Any person, other than a person expressly authorized to do so in writing by the Stewards, who brings, moves, takes or allows any person to bring, move or take any animal, fodder or fitting into, within or out of any such premises, place, area or vehicle, declared under subrules (4) or (5) or any person who causes, permits or assists any vehicle to enter or leave any such premises, place or area, is guilty of an offence. (7) Without limiting their powers the Stewards may attach conditions to an authorisation referred to in subrule (6) including, but not limited to, conditions that the animal, fodder, fitting or vehicle to which the authorisation relates must be disinfected to the satisfaction of the Stewards and in such manner as may be specified by the Stewards before leaving or being taken out of the infected place or infected vehicle; and/or that the animal, fodder, fitting or vehicle must not go or be brought to any other premises or place where any specified animals, fodder or fittings are located. (8) An order made under this Rule comes into effect on the day it is made. (9) Nothing in this Rule limits in any way the operation of the Rules and, in particular, the operation of Rule 104. 105. (Rule 105 repealed, approved 11.12.2015) Refer to Rule 96A and Rule 96B. 105A.
(Rule 105A repealed, approved 11.12.2015) Refer to Rule 96A and
Rule 96B. Advertisements for service, sale and related matters106. (1) No person shall advertise any sire for service or any horse for sale, lease or syndication with the representation that the sire or horse has run a certain time unless it is an official winning time, or an official registered time trial time. (2) For the purposes of an advertisement - (a) an official winning time recorded overseas shall be converted where necessary to reflect the Australian timing method (i.e. tenths of seconds); (b) where the time mentioned is that of an official registered time trial that fact shall be indicated; (c) an official registered time trial time does not include a qualifying trial time. (3) A person advertising other than in accordance with this rule is guilty of an offence. (4) Where a person is guilty of an offence under this rule then, in addition to any penalty imposed on that person, registration of a sire the subject of that persons advertisement may be withdrawn or, if the horse is a dam, registration of the dams foaling may be refused. Minimum age of owner107. Unless the Controlling Body approves, a person under the age of 18 years cannot own, lease or otherwise have a legal interest in a horse. Registration of owners108. The Controlling Body may register the owners of horses and registration may be effected in such manner and form and with such particulars and information as the Controlling Body considers appropriate. Ownership, legal interests, leases109. (1) Within 7 days of entering into a lease or prior to the horse next racing whichever is the earlier the lessee shall lodge a notification of the lease with the Controlling Body. (2) Notification shall be made in the manner and form and be accompanied by such documentation, information and fees as the Controlling Body may determine. (3) The Controlling Body may register or refuse to register the notification. (4) The lease becomes effective on registration of the notification by the Controlling Body. (5) The Controlling Body may cancel the registration of the notification and the lease thereupon becomes ineffective. 109A. Notification of a lease shall be given on form R109-A. 110. (1) If the term of a notified lease is extended or if a notified lease is surrendered, or otherwise terminated before the conclusion of its term, the lessor or the lessee shall within 7 days of the event occurring or prior to the horse next racing whichever is earlier notify the Controlling Body. (2) Notification shall be made in the manner and form and be accompanied by such documentation, information and fees as the Controlling Body may determine. (3) An event described in sub rule (1) becomes effective when approval thereto is given by the Controlling Body. 110A. Notification of surrender or other termination of a lease shall be made on form R110-A. (2) Notification of extension of lease shall be made on form R109-A. 111. (1) A change in the ownership of a registered horse or notified foal shall be made in accordance with this rule.(2) Within 7 days of agreeing to the change or prior to the horse next racing whichever is earlier or such other time as the Controlling Body may determine the transferee shall make application to the Controlling Body to register the change. (3) An application under this rule shall be made in the manner and form, and be accompanied by the horses registration certificate and such other documentation, information and fees as the Controlling Body may determine. (4) The Controlling Body may register or refuse to register the change. (5) A change becomes effective on registration.(6) The Controlling Body may cancel the registration of a change and it thereupon becomes ineffective. 111A. An application under rule 111 shall be made on form R111-A. 112. (1) A person who fails to comply with a provision of rule 109 or rule 110 or rule 111 is guilty of an offence. (2) Where an offence is committed under rule 109 or rule 110 or rule 111 the Controlling Body may take such action with regard to the horse concerned in the offence and take such action with regard to the registration of the ownership in the horse as it may determine. (3) The Controlling Body may register or cancel the registration of notification of a lease, or approve an event of the type described in sub rule 110 (1) or register or cancel the registration of a change in the ownership of a horse, on the basis of such documentation or information as it considers suitable and notwithstanding the failure of any person to comply with a provision of rule 109 or rule 110 or rule 111. Passing of engagements and related matters113. (1) The engagements of a horse and the rights and liabilities attaching thereto shall pass - (a) to the new owner when a change in ownership is registered under rule 111; (b) to the lessee when notification of a lease is registered under rule 109. (2) The engagements of a horse and the rights and liabilities attaching thereto shall revert to the lessor on cancellation of notification of a lease under rule 109. (3) Notwithstanding anything in this rule, the Controlling Body or Stewards may make such determinations and give such directions with regard to the engagements of a horse and the rights and liabilities attaching thereto as it or they think fit. Syndicates & Groups114. (1) The connections of a horse may make application to the Controlling Body to register a syndicate in respect of the horse. (2) If 21 or more persons own a horse application to register a syndicate shall be made under sub rule (1). (3) An application under sub rule (1) shall be made in the manner and form and be accompanied by such documentation, information and fees as the Controlling Body determines. (4) The Controlling Body may grant or refuse an application under sub rule (1). (5) The Controlling Body may at any time cancel the registration of a syndicate. 114A. (1) Application to register a syndicate shall be made on form R114-A. (2) Application to renew the registration of a syndicate shall be made on form R114-C. 115. (1) A syndicate shall appoint a natural person as its manager.(2) An appointment under sub rule (1) can only be made with the approval of the Controlling Body. (3) 20 or fewer persons who jointly own a horse shall appoint a natural person as the joint ownership manager. (4) A manager appointed pursuant to this rule shall act for and on behalf of the syndicate or joint ownership as the case may be in all harness racing matters and is responsible for ensuring that the obligations of the syndicate or joint ownership arising under these rules are met. (5) The Controlling Body may at any time cancel the appointment of a manager appointed under this rule. 116 . (1) The manager shall notify the Controlling Body of any change in the composition of the syndicate within 7 days of the change occurring or prior to the horse next racing whichever is earlier.(2) A manager who fails to comply with sub rule (1) is guilty of an offence. 116A. Notification of change in the membership of a syndicate shall be made on form R114-B. 117. If a member of a syndicate or a party to a joint ownership arrangement is under disqualification a horse owned by the syndicate or in joint ownership as the case may be, cannot be nominated for or start in a race except with the approval of the Controlling Body. 118. (1) A person shall not use a syndicate name if the syndicate is not registered under these rules. (2) A person shall not assert that he or she is a manager of a syndicate if that person is not appointed as such manager in accordance with these rules. (3) A person who fails to comply with any provision of this rule is guilty of an offence. Relinquishment of training119. (1) A trainer shall on relinquishing the training of a horse immediately give notification of that fact to the Controlling Body or Stewards. (2) Notification shall be given in the manner and form, and be accompanied by such documentation information and fees as the Controlling Body may determine. (3) A trainer who fails to comply with any provision of this rule is guilty of an offence. 119A. (1) Where a trainer intends to leave his horse with another licensed trainer or another person the trainer must obtain approval from the Stewards prior to doing so. (2) The period in which a horse may be left with another licensed trainer or another person shall not exceed 14 days from the date of approval. (3) The details of the request must be confirmed by the trainer in writing within the time and contain the information required by the Controlling Body or Stewards. (4) A trainer who fails to comply with sub-rules (1), (2) and (3) is guilty of an offence. 119B. Unless the Stewards otherwise approve, a horse shall not be eligible to be nominated for a race unless the horse has been trained by a licensed trainer for not less than 28 days immediately prior to the date fixed for nomination.
119C.
(1) A
trainer
shall
not
without the
prior approval of the Stewards stable any horse
trained
by
him
in
any
location
other than
any registered
training establishment of
the
trainer. (2) A trainer who fails to comply with sub-rule (1) is guilty of an offence and in addition to any other penalty that may be imposed, the nomination of the horse concerned may not be accepted or if after acceptance, be rejected and the horse withdrawn from or disqualified from the race. Transfer from disqualified trainer120. (1)
A horse trained but not owned by a trainer whose licence has been
suspended or cancelled or who is disqualified
(in this rule called the
“the disqualified
person”) is ineligible to race until it is transferred to the control of a
licensed trainer. (2) A transfer must be approved by the Controlling Body or Stewards. (3) The Controlling Body or Stewards may at any time revoke the approval of a transfer if it or they form the view that the disqualified person is involved with or influencing the training of the horse. (4) If a transfer is not approved or is revoked the horse is ineligible to race. (5) A horse may be declared ineligible to race by the Controlling Body or Stewards if it or they form the view that the disqualified person is involved with or influencing the training of the horse. 121. (1) A horse registered or notified under these rules shall not be offered for sale, or sold, unless its owner or trainer has first matched the identity of the horse with its official description maintained in the records of the Controlling Body.(2) The registration certificate of a horse offered for sale must be available for inspection by prospective purchasers and must be handed over to the purchaser on sale. (3) The Stewards may cause a horse offered for sale, or sold, to be swabbed or otherwise examined or tested. (4) A horse shall not be offered for sale, or sold, in a condition which infringes a determination made under rule 188. (5) A person who fails to comply with any provision of this rule or who frustrates or impedes, or endeavours to frustrate or impede, action taken by the Stewards under sub rule (3), is guilty of an offence. Offences122. (1) Unless the Controlling Body otherwise approves a person shall not nominate for or start in a race a horse which has not been named or registered under these rules. (2) A person shall not cause someone to believe that an unnamed horse has been named under these rules. (3) A person shall not cause a horse to take part in a race under a name other than the name shown on the horses registration certificate. (4) A person shall not cause another person to believe that a horse has a name other than that shown on the horses registration certificate. (5) A person shall not change or abandon the name shown on a horses registration certificate except with the approval of the Controlling Body. (6) Where a horses name has been changed the old name (in parenthesis) as well as the new, shall be shown in every program for a meeting or race in which the horse participates for a period of 3 months or until the horse has competed under the new name on at least 6 occasions, whichever shall be longer.(7) A person who fails to comply with any provision of this rule is guilty of an offence.
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PLEASE NOTE: Rules Effective from 1st September 1999 (State Controlling Bodies must adopt) Rules Approved - 16th March 1999 (AHRC Meeting) |
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