Australian Harness Racing Rules 256-258
Penalties
 

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.
 

Penalties

256.  (1)  One or more of the penalties set out in sub rule (2) may be imposed on a person, club or body guilty of an offence under these rules.

(2)  (a)  A fine within the limits fixed by legislation or by the Controlling Body,

(b)  conditional or unconditional suspension for a period;

(c)  disqualification, either for a period or permanently;

(d)  warning off, either for a period or permanently;

(e)  exclusion from a racecourse, either for a period or permanently;

(f)  a bar, either for a period or permanently, from training or driving a horse on a racecourse, track or training ground;

(g)  conditional or unconditional suspension of registration for a period or cancellation of registration;

(h)  conditional or unconditional suspension of a licence for a period or cancellation of a licence;

(i)  a severe reprimand;

(j)  a reprimand or caution. 

(3)  Should a rule of its own terms impose a penalty in respect of an offence created by that rule then, subject to any contrary intention expressed or otherwise apparent in that rule, that penalty is the only one which can be imposed in respect of that offence.

(4)  Penalties, whether under this or any other rule, attach from the time they are imposed, except that the Controlling Body or the Stewards may postpone such attachment.

(5)  (a)   Penalties other than a period of disqualification or a warning off under this or any other rule may be suspended for a period not exceeding two years upon such terms and conditions as the Controlling Body or Stewards see fit;

(b)  If the offender does not breach any term or condition imposed during the period of suspension, the penalty shall be waived;

(c)  If the offender breaches any term or condition imposed during the period of suspension then, unless the Controlling Body or Stewards otherwise order, the suspended penalty thereupon comes into force and penalties may also be imposed in respect of any offence constituted by the breach.

(6)  Although an offence is found proven a conviction need not necessarily be entered or a penalty imposed.

(7)  Before an offence is found proven, the following conditions shall be satisfied:-

(a)  the offender shall be afforded reasonable opportunity to cross examine witnesses, make submissions, present evidence to the Controlling Body or the Stewards as the case may be;

(b)  those submissions or evidence shall be taken into account;

(c)  evidence relied upon in establishing the offence shall be identified;

(d)  in a matter before the Stewards, those Stewards who finally determine that an offence has been committed shall be present during the whole of the proceedings.

Cumulative penalties

257.  Unless the Controlling Body or the Stewards direct otherwise, a penalty by way of suspension or disqualification shall be served cumulatively to any other penalty of suspension or disqualification being served or ordered to be served.

Horse connected with offence

258.  (1)  Where the commission of an offence under these rules involves a horse, the Stewards may make such orders and give such directions concerning the horse as they think fit.

(2)  Without limiting the scope of sub rule (1) a horse may be barred or disqualified from a race or for a period or permanently, be placed behind other runners in a race, removed from one place to another, directed to be trained at a particular place or by a particular person, or be placed under the care, control and management of some person, club or other body.

 

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

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