____________ AUSTRALIAN RULES OF RACING amended to 1st AUGUST 2016 ______________________ Including new and amended rules AR.1, AR.1A, AR.14B, AR.15(1), AR.46A, AR.47(3), AR.54A, AR.63, AR.64H, AR.64J, AR.64JA, AR.64M, AR.64N, AR.81B, AR.81BB, AR.92(2), AR.134B, AR.137A(2), AR.140(aa), AR.175(j), AR.175A, AR.177B(5), AR.178A & AR.196(5) ___________________ AR.1. In the interpretation of these Rules, (and of any programme of a race meeting held thereunder), the following words unless the context otherwise requires, shall have or include meanings as follows:- "Advertised" or "Advertisement" includes publication in any newspaper or Racing Calendar or in any printed, typewritten, or written placard, circular, or poster. “Anabolic Androgenic Steroid Clearing Certificate” means means a certificate from an Official Racing Laboratory stating that a sample (taken under the supervision of the Stewards or other official appointed by the Principal Racing Authority to do so) is free of anabolic androgenic steroids or that any anabolic androgenic steroids that are present are at or below the relevant concentrations set out in AR.178C(1). [added 1.11.13] "Apprentice" means a person who is duly bound to a trainer or owner in accordance with the Local Rules of the Principal Racing Authority with jurisdiction over the territory in which such trainer or owner resides. "Association" mean any association of Clubs holding registered meetings, the articles or rules of which have been approved by the Principal Racing Authority, and any Registration Board the constitution of which has been approved by the said Principal Racing Authority. "Australian Racing Board" and "Board" means the "Australian Racing Board Limited" constituted in accordance with AR.208. [replaced 1.8.03] "Authorised Agent" means a person who has produced to the Principal Racing Authority, Committee of the Club or the Stewards or other relevant official a satisfactory written authority signed by his principal. “Banned Substance” means a substance declared as a banned substance in riders by AR.81B. [added 1.10.08] “Beneficial Interest” means a person who by agreement or other legal arrangement has the right to some profit distribution or other like benefit from ownership of a horse even though title to the horse is in another’s name or any individual or group of individuals that either directly or indirectly has the power to vote or influence business decisions in respect of the horse. [added 1.8.16] "Chairmen of Stewards" means the National Chairmen of Stewards Advisory Group to the Australian Racing Board Limited. “Clear Day” means a 24 hour period from 12.01am to 12 midnight. [added 1.9.13] "Club" includes any person or body holding or proposing to hold a race meeting in the Commonwealth. “Cruelty” includes any act or omission as a consequence of which a horse is mistreated. [added 1.2.00] "The Committee of the Club" means the Committee of any Club which is registered with a Principal Racing Authority or whose meetings are registered with a Principal Racing Authority. 2 "Company" means - (a) a company incorporated or registered under any Act or Ordinance of any state or territory of the Commonwealth of Australia whilst it remains so incorporated or registered; and (b) a 'foreign company' within the meaning of the Corporations Law or any replacement or successor legislation. [amended 1.7.00] “Correct Weight” means a declaration by the Stewards officiating at a race meeting that the result of a race is official. "Deputy Registrar of Racehorses" and “Deputy Registrar” mean any person appointed to act as such by a Principal Racing Authority provided that the name of the appointed person is notified as soon as practicable to the Registrar of Racehorses. [amended 1.7.05] "Disqualification" includes the adoption or confirmation in accordance with these Rules of any disqualification and "Disqualify" has a corresponding meaning. "Document of Description" means the document which bears that name and which has been issued by the Registrar of Racehorses or a recognised turf authority in relation to the identity of the racehorse described therein and shall include a Certificate of Registration issued by the Registrar of Racehorses or a recognised turf authority. “Eligible Horse” means a horse which is eligible to be registered under these Rules but has not yet been registered under these Rules. [added 1.8.16] "Executive Officer" means the person appointed by the Board as the executive officer of the Board. [added 1.8.98] "Firm" means any individual or any number of individuals not exceeding twenty (excluding companies) carrying on business in Australia under a firm or business name which name is and remains registered under any statute or ordinance of any State or Territory of the Commonwealth of Australia relating to "Business Names" or such-like. "Foal Identification Card" means the card which bears that name and which has been issued by the Australian Stud Book or a recognised turf authority in relation to the identity of the horse described thereon." [added 1.7.05] “Foal Ownership Declaration” means the form required to be lodged by the Manager, or his or her Authorised Agent, with the Registrar within 30 days of the Mare Return lodgement. The Declaration must set out the names of each person with a Beneficial Interest in that foal from its birth to the date of the Declaration. [added 1.8.16] "Forfeits" includes all overdue and unpaid acceptances or qualification fees, or moneys, stakes, fines, subscriptions, course, track, and other fees not being entrance fees due by or imposed upon any person or due in respect of or imposed upon any horse, or which shall be published in the Racing Calendar as so due or imposed. 3 “Group Races, Listed Races and Restricted Listed Races”, for races run in Australia, shall mean those races which are published as such in the schedule of races described as “Group Races, Listed Races and Restricted Listed Races” by the Australian Racing Board. [amended 1.8.16] "Group and Listed Races", for races run outside Australia, shall mean those races which are published by the International Cataloguing Standards Committee. “Helmet” means a protective riding helmet the standard of which is approved by the Australian Racing Board. [added 1.10.06] “Horse handler” means any licensed person who handles any horse at any meetings, trial, jump out or in training and includes but is not limited to stable hands, trainers, veterinarians, farriers and barrier attendants. [added 1.7.14][amended 1.4.15] "Interest" in respect of a horse for purposes of A.R. 53, A.R. 166(c) and A.R. 182 and (subject to this definition) for any other purposes under these Rules includes membership of a Syndicate which owns or leases a horse, and for the purpose of A.R. 84, A.R. 85 and A.R. 175(e) includes membership of a Company, Firm or Syndicate which owns or leases a horse or has any interest direct or indirect in a horse or in a Company, Firm or Syndicate which owns or leases a horse and the word "Interested" and all other derivatives and applications of the word "Interest" shall be construed accordingly. A "Jockey" is a person licensed by a Principal Racing Authority or an Association to ride for hire. "The Judge" means the person duly appointed as such and includes any Assistant Judge similarly appointed and any substitute appointed in accordance with these Rules. "Lease" includes any agreement whereby the owner of a horse permits another person to race the horse. [added 19.10.06] “Licensed wagering operator” means a wagering operator that holds a licence or authority however described under the legislation of any State or Territory in Australia to carry out wagering operations whether in that State or Territory or elsewhere. [added 15.6.12] “Jump-out” means a trial, other than an official trial, organised, supervised and controlled by a Club or the management of a recognised training track, which is started from barrier stalls, and is conducted in accordance with any conditions set by the Principal Racing Authority. [added 1.9.09] "Licence" includes any approval or permit. "Licensed" A person is licensed if he has the requisite licence required by the Rules. "Local Rules" are those rules made from time to time by a Principal Racing Authority and in force within its territory. A "Maiden" with respect to a flat race means a horse which at the time of starting has never won on the flat a race at a registered meeting or an advertised race in any country, and, with respect to a steeplechase or hurdle race means a horse which at the time of starting has never won such a steeplechase or hurdle race in any country. “Manager" means the first-named person recorded by the Registrar of Racehorses in the official 4 ownership records including the Foal Ownership Declaration, transfer or lease (if leased) of a horse or if the horse is owned or leased by a syndicate, the person first-named in the certificate of registration of the syndicate, subject always to the provisions of AR.57(1). If the horse is owned or leased by more than one syndicate, the first-named person appearing in the certificate of registration of the first-named syndicate shall be deemed to be the manager. [amended 1.7.05][amended 1.8.16] “Mare Return” means a return lodged with the Australian Stud Book for each mare declaring (a) the outcome of the mare’s covering by a stallion, or (b) the decision not to have the mare covered. [added 1.8.16] “Medication" means any treatment with drugs or other substances. [added 3.2.03] "Member" for the purposes of A.R. 69A to A.R. 69N inclusive and for any other purposes of these Rules includes any person who has an interest of any kind and to any extent in any Company, Firm, Syndicate or other association of persons, whether such interest be by way of membership, individual or part-ownership, sharing or stockholding, and an "officer" of a Company (within the meaning of a Companies Act under which it is incorporated or registered) shall be deemed to have an interest in that Company; and "membership" and all other derivatives and applications of the word "member" shall be construed accordingly. "Metropolitan Area" and "Suburban Radius" mean any Area so designated by the Local Rules of a Principal Racing Authority. "Microchip" means an electronic identifier transponder encoded with a unique unalterable number approved by the Registrar of Racehorses for implantation in a horse. [added 1.7.05] "Month" means a calendar month. “Named Horse” means an Eligible Horse that has been registered to race pursuant to AR.15. [added 1.8.16] "National Gear Register" means the register of all gear approved by the Chairmen of Stewards, together with conditions for the use of such gear approved by the Chairmen of Stewards. [added 14.6.07] "National Stewards Embargo Register" means a record, maintained by the Stewards Australia- wide, of embargos imposed on horses. [added 1.7.05] "Nominator" means any owner or if the horse is leased any lessee by or on whose behalf a horse is entered and includes any Registered Manager for a Company and any trustee for a Syndicate and any person exercising the rights of a nominator under the Rules by reason of the death of a nominator, the sale of a horse with engagements, the termination of a lease or otherwise. "Official Racing Laboratory" means an analytical racing laboratory that is accredited by the National Association of Testing Authorities or by a similar authority in an overseas country, and is approved by the Australian Racing Board and published in the Racing Calendar. Note: The following have been approved by the Australian Racing Board: Australian Racing Forensic Laboratory, Sydney Queensland Government Racing Science Centre, Brisbane Racing Analytical Services Limited, Melbourne 5 Racing Chemistry Laboratory, Chemistry Centre (W.A.) , Perth The Hong Kong Jockey Club Racing Laboratory, Sha Tin, Hong Kong New Zealand Racing Laboratory Services Limited, Avondale, Auckland, New Zealand Sport and Specialised Analytical Services, LGC, Fordham, Ely, Cambridgeshire, United Kingdom Australian Sports Drug Testing Laboratory, Sydney ChemCentre, Western Australia National Measurement Institute (NMI), Sydney (trace element analysis) Institute of Biochemistry, German Sport University, Cologne, Germany [amended 17.3.08][amended 01.10.12][amended 11.6.14][amended 11.9.14][amended 30.3.15] “Official Trial” means a trial – (a) that is approved and advertised by the Principal Racing Authority; (b) that is conducted in accordance with the conditions set by the Principal Racing Authority; (c) that is supervised by the Stewards; and (d) for which official entries are taken and results are officially recorded. [added 1.9.09] “Overseas Racing Authority” means a body, whether statutory or otherwise, that has the control or general supervision of racing within a country, territory or province other than Australia. [added 19.3.09] “Participant in racing” includes: (a) a trainer (b) any person employed by a trainer in connection with the training or care of horses (c) a nominator (d) a rider (e) a riders agent (f) any person who provides a service or services connected with the keeping, training or racing of a horse.” [definition added 19.10.06] "Penalty” includes the suspension or partial suspension of any licence, disqualification and the imposition of a fine, and "penalise" has a corresponding meaning. [amended 1.9.09] "Person" includes any Syndicate, Company, combination of persons, firm, or Stud owning or racing a horse or horses. “Possession” for the purposes of the Rules means: (a) an article or thing is in the custody of a person; (b) the person has and exercises access to the article or thing; or (c) the article or thing is found at any time on premises used in any manner in relation to the training or racing of horses and the person occupies or has the care, control or management of those premises or owns, trains or is in charge of horses at those premises, provided that sub-paragraph (c) does not apply if the person proves that he did not know of the existence or the identity of the article or thing. [added 1.8.16] "Premises" includes land, buildings or any fixed or moveable structure, including any vehicle. [added 20.11.02] The expression “Principal Racing Authority” means:- 6 (a) a body, statutory or otherwise, that has the control and general supervision of racing within a State or Territory (provided any Member thereof is not a direct Government appointee), and means in the State of New South Wales, the NSW Thoroughbred Racing Board; in the State of Victoria, Racing Victoria Limited; in the State of Queensland, Racing Queensland Limited; in the State of South Australia, Thoroughbred Racing S.A. Limited; in the State of Western Australia, Racing and Wagering Western Australia; in the State of Tasmania, the Tasmanian Thoroughbred Racing Council; in the Northern Territory, Thoroughbred Racing NT; and in the Australian Capital Territory, the Committee of the Canberra Racing Club Incorporated; and, [amended 24.10.03; 8.5.06; 1.7.06] (b) a body recognised as a Principal Racing Authority by the Australian Racing Board pursuant to the Board’s Constitution under the Corporations Act. [amended 8.5.06] (c) Provided that all references in these Rules to a Principal Racing Authority shall, in the case of a body that on and before 30th April, 2003 was a Principal Club under the Australian Rules of Racing and which continues to be referred to as a Principal Club under an Act of Parliament or a company constitution, continue to have effect as a reference to a Principal Club. [definition replaced 30.4.03] “Prize” includes any moneys, cups, trophies or any material gain or benefit capable of being valued in money (but not including the value of any stallion services) from whatever source awarded to the nominator or trainer or jockey of a horse or to any other person in accordance with the conditions of a race as a result of the horse winning or being placed second, third, fourth, fifth, sixth, seventh, eighth, ninth or tenth in such race. [amended 1.7.00 & 1.7.05] "Prohibited Substance" means a substance declared by these Rules to be a prohibited substance, or which falls within any of the groups of substances declared by these Rules to be prohibited substances unless it is specifically excepted. "Promoter" means any person or Corporation who for valuable consideration offers or invites any other person or Corporation to subscribe for shares or participate in any manner in any scheme, the objects of which include the breeding and/or racing of a thoroughbred horse or horses. [added 20.11.02] "Race" includes each division of a divided race. "Racing Calendar" means the publication published under that name or any similar name by or under the authority of a Principal Racing Authority. "Registered Club" means a Club registered by a Principal Racing Authority in accordance with the Rules. "Registered Manager" means a person who is appointed to be the Registered Manager for a Company by instrument under the common seal of the Company and who has been approved by the Principal Racing Authority by which the Company has been registered as a Syndicate. "Registered Meeting" or "Registered Race Meeting" includes any race meeting held under the Management of a Principal Racing Authority or of any registered Club. "Registrar of Racehorses" and the "Registrar" mean RISA or any agent appointed by it. [replaced 11.3.04] 7 "Restricted Race Conditions" means those conditions for Restricted Races as prescribed by AR.1A. "Rider" means a jockey, apprentice jockey, amateur rider, approved rider, or any other person who rides a horse in a race, official trial, jump-out or during trackwork. [added 1.5.02] [amended 1.9.09] "Riders Agent" means a person licensed by a Principal Racing Authority who by contract or any other arrangement or agreement assists a jockey or the master of an apprentice jockey in the organisation and/or the obtaining of riding engagements. "RISA" means Racing Information Services Australia Proprietary Limited. "Sample" means a specimen of saliva, urine, perspiration, breath, blood, tissue, hide, hair, or any other excretion product or body fluid taken from a horse or person. [added 1.5.02] “Screening limit” means the concentration of a therapeutic substance or its specified metabolite present in a sample during a screening test or analysis as specified in AR.178EA(2), above which the therapeutic substance will be notified as a prohibited substance. [added 01.10.12] “Sexual Harassment” means: (a) subjecting a person to an unsolicited act of physical intimacy; or (b) making an unsolicited demand or request (whether directly or by implication) for sexual favours from a person; or (c) making a remark with sexual connotations relating to a person; or (d) engaging in any other unwelcome conduct of a sexual nature in relation to a person; and the person engaging in the conduct described in paragraphs (a), (b), (c) or (d) does so – (e) with the intention of offending, humiliating or intimidating the other person; or (f) in circumstances where a reasonable person would have anticipated the possibility that the other person would be offended, humiliated or intimidated by the conduct. Conduct described in paragraphs (b), (c) and (d) includes, without limitation, conduct involving the internet, mobile phone or any other electronic mode of communication. [added 1.12.10] "Stable Return" means a notification submitted by a trainer, containing such information required by the Rules in respect of each horse under his care, control and superintendence; and thereafter from time to time supplemented by amending notifications in the event of any alterations to the information previously submitted. [added 1.7.05] "Stewards" means the persons appointed as such in accordance with the Local Rules of a Principal Racing Authority and includes Deputy Stewards duly appointed. "Stud" means a person, Firm or Company engaged in the breeding of horses for racing and which during the period of 12 calendar months immediately preceding any relevant point of time has returned to and had accepted five or more mares by the Australian Stud Book and/or the Australian Register of 8 Non Stud Book Mares. “Suspension” means the temporary withdrawal in whole or in part of any licence, permit, permission, right or privilege granted under the Rules. [replaced 1.11.99] "Syndicate" means a Syndicate as defined by A.R. 69A and registered pursuant to these Rules. “Therapeutic substance” means a prohibited substance to which a screening limit applies, and which is promulgated as such from time to time by the Australian Racing Board and published in the Racing Calendar. [added 01.10.12] "These Rules" mean the Australian Rules of Racing and "The Rules" mean these Rules together with the Local Rules of the Principal Racing Authority concerned. "Thoroughbred Identification Card" means the card which bears that name and which has been issued by the Registrar of Racehorses or a recognised overseas turf authority in relation to the identity of the racehorse described thereon. [added 1.7.05] “Trackwork” means any training activity, excluding an official trial or jump-out, undertaken by a racehorse in the care of a trainer on a racecourse, recognised training track, private training establishment or elsewhere. [added 1.9.09] “Trainer” means a person licensed or granted a permit by a Principal Racing Authority to train horses, and includes any persons licensed to train as a training partnership. [added 1.8.08] "Trustees" means the natural persons being members of a Syndicate who have been nominated to represent it as such trustees. “Unnamed Horse” means an Eligible Horse that has not been registered to race pursuant to AR.15. [added 1.8.16] "Warned off." "Warning off." A person warned off a racecourse is one who is not permitted to enter a racecourse under the control of the Club or body warning him off. “Workplace Harassment” means behaviour of one person towards another person with whom he has a workplace connection which: (a) is unwelcome to and unsolicited by the person who is the subject of the behaviour; (b) the person subject to the behaviour considers to be offensive, intimidating, humiliating or threatening; and (c) a reasonable person would consider to be offensive, humiliating, intimidating or threatening However, reasonable management action taken in a reasonable way by the person’s employer in connection with the person’s employment is not workplace harassment.” [added 1.12.10] Marginal notes and headings, where they appear, are for reference purposes only and shall not be regarded as being part of the Rules. Words importing the singular include the plural and the plural the singular, unless the context 9 requires otherwise; and words importing the masculine gender shall be deemed and taken to include females unless the contrary is expressly provided; and words importing the feminine shall be deemed and taken to include the masculine unless the contrary is expressly provided. Expression of distances and weights: As from 1st August 1972, distances of races and weights shall be expressed in metres and kilograms as directed by Principal Racing Authorities in their respective territories. [paragraph added 1.8.98] RESTRICTED RACES AR.1A. A Maiden Race is one restricted to horses which at the time of starting have never won on the flat a race at a registered meeting or any advertised race in any country. A Trophy Race is a race in which the prizemoney and/or value of any trophy to the winner does not exceed $3,500. [added 1.10.00] [amended 20.11.02 & 9.5.07] A Class A Race* is one restricted to horses which, at the time of starting, have not generated prizes in the aggregate worth more than $6,000 for wins in races on the flat and have never won a race on the flat outside Australia. [amended 9.5.07] A Class B Race* is one restricted to horses which, at the time of starting, have not generated prizes in the aggregate worth more than $10,000 for wins in races on the flat and have never won a race on the flat outside Australia. * The value of the prize to the winner shall not exceed: in a Class A Race - $6,000 in a Class B Race - $10,000. Provided that Class A and/or Class B races shall not be programmed for TAB meetings, except in the Northern Territory, King Island and approved country areas of Western Australia, and that each Principal Racing Authority should restrict Class A and Class B races to “remote/minor” race meetings, as determined by the Principal Racing Authority. For the purposes of determining the value of the prize to the winner and the eligibility of any horse for any Class A or Class B race, no account shall be taken of prizes won after 30th September 1991 which were not, at the time of entry for a race or series of races, available to be won by every horse eligible to be entered therein. For the purposes of determining the eligibility of any horse for any Class 1 to Class 6 race, no account shall be taken of any wins in the former Class C or Class D races run before 1st August 2003 other than a win as a Maiden Horse. [amended 9.5.07] [Note: Former Class A-D Races replaced by Class A and Class B Races on 1st August 2003] [Note: Provisions for Class One to Class Six Races; and for definitions of “Special Condition Race” and “Restricted Race” replaced 1.9.04; and for the amendment of Class One to Class Six Races & the deletion of definitions of “Special Condition Race” & “Restricted Race on 1.1.08] A CLASS ONE RACE is one restricted to horses which, at the time of starting, have not won more than one race on the flat provided that, in determining the eligibility of any horse, no account shall be taken of any wins in Class A, Class B or Trophy races other than a win as a Maiden horse. 10