The following amendments to the Australian Harness Racing Rules (AHRR) have been approved by Harness Racing Australia.
Those amendments have been adopted by the Board of HRNSW and are now in effect in NSW:
2. STEWARDS
Powers
· Amend Rule 15A(1)(d)
15A. (1) Without limiting Rule 15 the Stewards have the power at any time to enter upon land and premises owned, or occupied by or under the control of a licensed person and used in any manner for harness racing purposes to :-
(d) Take extracts from or make copies of, or download or print-out, any documents found in the course of the inspection or search.
· Amend Rule 15A(1)(g)(ii), (iii), (v), (vi)
15A. (1) Without limiting Rule 15 the Stewards have the power at any time to enter upon land and premises owned, or occupied by or under the control of a licensed person and used in any manner for harness racing purposes to :-
(g) Require any person who is on the premises to:-
(i) State his or her full name and address.
(ii) Answer (orally or in writing) questions put to them.
(iii) Give any information in the person’s possession or control that is relevant to the inspection or search.
(iv) Operate equipment or facilities on the premises for inspection purposes.
(v) Give any translation, code, password or other information necessary to gain access to or interpret and understand any document or information located or obtained by the Stewards in the course of the inspection or search that is relevant, or potentially relevant, to any investigation (whether commenced or not).
(vi) Give other assistance that the Stewards reasonably require to carry out the inspection or search.
· Add new Rule 15A(1)(i)
(1) (i) Exercise any other powers conferred on the Stewards by these Rules.
· Amend Rule 15B(1)(a)
15B. (1) Without limiting Rules 15 and 15A the Stewards are empowered to:-
(a) Require production of and take possession of any mobile phone, computer, tablet, storage device or other electronic device (including any code, password or other information necessary to gain access) for the purpose of examining by any means including but not limited to downloading, copying or imaging its data and/or contents.
3. MEETING AND RACES
Judging
· Repeal Rule 49(5)
· Repeal Rule 49(6)
49. (5) The judge may correct a mistake.
(6) The judge's decision is final.
· Add new Rule 49(5)(a), (b)
· Renumber existing Rule 49(7) to 49(6) and Amend
· Renumber existing Rule 47(8) to 49(7) and Amend
· Renumber existing Rule 48(9) to 49(8) and Amend
· Add new Rule 49(9)
49. (5) The determination of the judge that a horse has won or been placed in a race is to be final, except:-
(a) The judge may correct any mistake before the declaration of All Clear; and
(b) The Stewards may alter a determination made by the judge either before or after the declaration of All Clear if the Stewards are satisfied on the available evidence (including imprints or images) that the judge has made a mistake in the determination of the finishing order of a race.
(6) Notwithstanding sub-rule (5) where, in the opinion of the Stewards, the judge has made an error, which the judge declines to correct having been afforded opportunity to do so, or where in the opinion of the Stewards the judge was not in a position to determine the result, the Stewards shall stand the judge down for such period as they think fit.
(7) Where sub-rule (6) applies, the Stewards become the judges of the race in question.
(8) Notwithstanding sub-rule (7) the Stewards may declare a race void if the judge or a substitute was not in a position to determine the result.
(9) Any alterations to judge’s placings after the declaration of All Clear will not have any effect on previous orders given by the Stewards as to the betting on the race.
Claiming Races
· Add new Rule 75(2)(kkk)
75. (2) (kkk) for 30 days after claiming, a horse shall not remain in or on the registered training establishment from which it had been trained at the time of claiming except with the permission of the Chairman of Stewards unless it be reclaimed out of another claiming race.
5. HORSES
Breach of Traceability Rules
· Amend Rule 96E(1)
96E. (1) If a person provides any false or misleading information or fails to provide the required information in respect of any form lodged or notification as required by Rules SBR11, SBR12, 96C and 96D, the person may be penalised.
9. DRIVERS
Horse Breaking Gait
· Amend Rule 154(1)
154. (1) If a horse breaks gait, its driver shall take immediate action to avoid interference with other runners and without gaining an unfair advantage restrain the horse to its correct gait before rejoining the race without interference to another runner.
Whips
· Amend Rule 156(3)
· Amend Rule 156(4)(a), (b)
156. (3) A driver shall not use a whip or rein in an unapproved manner.
(4) For the purposes of sub-rule (3) a driver shall be deemed to have used the whip or rein in an unapproved manner in the following circumstances which are not exclusive:-
(a) If the whip or rein is applied excessively, continuously and/or without allowing the horse time to respond.
(b) If the whip or rein is applied when the horse:-
(i) is not visibly responding;
(ii) is not in contention;
(iii) cannot maintain or improve its position;
(iv) is clearly winning;
(v) has passed the winning post at the finish of a race.
Offences – relating to dress – helmets
· Amend Rule 159A(1)(a)
159A. (1) (a) When driving or riding a horse the driver must:
(i) Wear a properly affixed helmet:
(ii) Wear a helmet the make and model of which has been approved by HRA and entered in the Register of Helmets.
Offences – relating to dress – protective vests
· Amend Rule 159B(1)(a)
159B. (1) (a) When driving or riding a horse the driver must:
(i) Wear a properly affixed protective vest;
(ii) Wear a protective vest which is of a make and model approved by HRA.
Offences – relating to matters at the start and during the race
· Amend Rule 162(1)(u)
162. (1) A driver shall not -
(u) reduce or check the speed of a driver’s horse in a way which causes or could cause interference or jostling;
· Repeal Rule 162(1)(www)
162. (1) (www) allow his horse to shift ground in a manner which impedes, hinders or advantages another horse;
· Add new Rule 162(1)(www)
162. (1) (www) allow his horse to shift ground in a manner which:
(i) impedes another horse;
(ii) hinders another horse;
(iii) advantages another horse;
11. INQUIRIES AND INVESTIGATIONS
Action Pending Outcome
· Add new Rule 183(e)
183. Pending the outcome of an inquiry, investigation or objection, or where a person has been charged with an offence, the Stewards may direct one or more of the following:-
(e) that a horse shall not be transferred to an immediate family member or close associate within the meaning of AHRR 120.
12. PROHIBITED SUBSTANCES
Determination of Prohibited Substances
· Add new Rule 188A(3)
· Renumber existing 188A(3) to 188A(4)
· Renumber existing 188A(4) to 188A(5)
· Renumber existing 188A(5) to 188A(6) and Amend
188A. (3) A determination and consideration of the specific gravity or creatinine concentration of a horse urine sample is not required when comparing its concentration with a urinary threshold, screening unit or residue limit.
(4) The following are not prohibited substances:
- antimicrobials (antibiotics) and other antiinfective agents but not
including procaine penicillin
- antiparasitics approved and registered in Australia by the APVMA for use in horses
- ranitidine
- omeprazole
- ambroxol
- bromhexine
- dembrexine
- registered vaccines against infectious agents
- orally administered glucosamine
- orally administered chondroitin sulphate
- altrenogest when administered to fillies and mares
(5) A trainer must notify the Stewards no later than 1 hour prior to the scheduled starting time of a race if the trainer’s horse has been treated with Antimicrobials (antibiotics and other anti infective agents) except Procaine Penicillin, Vaccines and antisera for the prevention of disease, or Mucolytics within the preceding 7 days.
(6) A trainer who fails to comply with sub-rule (5) is guilty of an offence.
Testing
· Amend Rule 189A(1)
· Renumber 189A(3) to 189A(4)
· Add new Rule 189A(3)
189A. (1) Any sample taken from a horse other than a sample taken in accordance with sub-rule (2) shall only be analysed by a laboratory approved by the Controlling Body.
(2) The Stewards or a Controlling Body:-
(a) May retain a sample, or portion or aliquot of a sample taken from a horse for their own purposes including without limitation to conduct their own testing or analysis (including screening tests).
(b) May in their discretion but subject to sub-rule (3):
(i) Determine whether they communicate the result of their own internal analysis.
(ii) Use the result of any analysis for the purpose of investigations, enquiries and intelligence or prosecuting a breach of the rules.
(3) The provision of sub-rule (1) shall not apply to samples taken in accordance with sub-rule (2).
(4) If an internal analysis is used to prosecute a breach of the rules the Stewards or the Controlling Body must communicate the results of that analysis to the person(s) the subject of the prosecution.
Out of Competition Testing
· Renumber existing Rule 190A(2)(u) to 190A(2)(v) and Amend
· Add new Rule 190A(2)(u)
190A. (2) For the purposes of sub-rule (1), the following substances are specified as prohibited substances:-
(u) cannabinoids;
(v) metabolites, artifacts and isomers of any of the substances specified in paragraphs (a) to (u).
Anabolic Steroids
· Amend Rule 190AA(1)
· Amend Rule 190AA(2)(a), (b), (c), (d)
· Amend Rule 190AA(3)
· Amend Rule 190AA(4)(a), (b)
· Amend Rule 190AA(5)
· Amend Rule 190AA(8)(a), (b)
190AA.(1) A horse must not, in any manner, at any time, be administered an anabolic androgenic steroid and/or selective androgen receptor modulator.
(2) Any person who:
(a) administers an anabolic androgenic steroid and/or selective androgen receptor modulator;
(b) attempts to administer an anabolic androgenic steroid and/or selective androgen receptor modulator;
(c) causes an anabolic androgenic steroid and/or selective androgen receptor modulator to be administered; and/or
(d) is a party to the administration of, or an attempt to administer, an anabolic androgenic steroid and/or selective androgen receptor modulator,
to a horse is guilty of an offence.
(3) Where the Stewards are satisfied that a horse has, or is likely to have been, administered any anabolic androgenic steroid and/or selective androgen receptor modulator contrary to this rule, the Stewards may prevent the horse from starting in any relevant race.
(4) When a sample taken at any time from a horse has detected in it an anabolic androgenic steroid and/or selective androgen receptor modulator the horse is not permitted to start in any race or be used for the purposes of breeding:
(a) for a minimum period of 12 months from the date of the collection of the sample in which an anabolic androgenic steroid and/or selective androgen receptor modulator was detected; and
(b) only after an Anabolic Androgenic Steroid And/or Selective Androgen Receptor Modulator 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 owner, lessee, nominator, trainer and/or person in charge of a horse registered under these Rules 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 and/or selective androgen receptor modulator 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.
(8) In respect of a horse registered under these Rules, where an owner, lessee, nominator, trainer and/or person in charge of a horse is in breach of sub-rule (5), the relevant horse will not be permitted to start in any race:
(a) for a period of not less than 12 months following the day on which the horse is in fact produced to the Stewards, or full access to the horse is otherwise given to the Stewards, so that a sample may be taken and analysed for anabolic androgenic steroids and/or selective androgen receptor modulator; and
(b) only after an Anabolic Androgenic Steroid And/or Selective Androgen Receptor Modulator 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.
Log Book
· Add new Rule 190B(2)(xvii)
190B. (2) For the purposes of this rule treatment includes:
(xvii) all veterinary examinations including but not limited to endoscopic or radiographic examinations.
Unregistered Substances
· Amend Rule 194
· Amend Rule 194A
194. A person who:
(a) Procures or attempts to procure;
(b) Has in his possession or on his premises or under his control;
(c) Administers or attempts to administer;
any substance or preparation that is not registered, labelled, prescribed or obtained in compliance with relevant State and Commonwealth legislation is guilty of an offence.
194A. A person who:
(a) Sells or attempts to sell;
(b) Supplies or attempts to supply;
(c) Distributes or attempts to distribute;
any substance or preparation that is not registered, labelled, prescribed or obtained in compliance with relevant State and Commonwealth legislation is guilty of an offence.
Injectable product containing cobalt salts
· New heading – to sit above Rule 194B
194B. (1) A person must not have in his or her possession or on his or her premises any injectable product which contains cobalt salts.
(2) A person who fails to comply with sub-rule (1) is guilty of an offence.
Administering Substances
· Amend Rule 196E(1)
196E. (1) The trainer and any other person in charge of a horse must not:-
(a) Administer;
(b) Cause to be administered;
(c) Attempt to administer; or
(d) Be a party to the administration or attempted administration of, a product containing cobalt salts by injection.
17. EQUIPMENT AND COLOURS
Colours
· Amend Rule 272(8)
272. (8) If for some reason the colours described in the race book are unavailable, club colours or designated colours approved by the Stewards or Controlling Body shall be worn.
- Add new Rule 272B(1), (2), (3)
272B. (1) Notification of the colours to be worn by a driver on a horse engaged to race shall be given to the Controlling Body by the nominator, trainer, owner or other authorised person at a time designated by the Controlling Body.
(2) A person shall not present to start or start a horse in a race where the driver is not wearing the colours notified to the Controlling Body for that race by the designated time.
(3) A person who fails to comply with any provision of this rule is guilty of an offence.
Offences
· Repeal Rule 273(5)
273. (5) A person shall not without the approval of the Stewards change the registered gear of a horse.
· Renumber Rule 273(6)(a), (b) to 273(5)(a), (b)
· Amend Rule 273(5)(b)
· Renumber existing Rule 273(7) to 273(6)
· Renumber existing 273(8) to 273(7)
273. (5) A person shall not present to start or start in a race a horse that is:-
(a) not wearing the correct number;
(b) not wearing the gear that has been registered for that horse.
(6) A person shall not modify or permit the modification of any gear or equipment except with the permission of the Chairman of Stewards.
(7) A person who fails to comply with any provision of this rule is guilty of an offence.
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