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   -   

(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.

(k)  associate with licensed persons connected with the thoroughbred or greyhound racing industry including but not limited to entering any premises owned or occupied by such licensed persons.

 (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.

(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 or Stewards 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.

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.

(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.

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 offence in any State or Territory of Australia or in any country which is punishable by a  term of imprisonment.

(2)  Where a person is found guilty 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 actual sentence imposed.

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