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Breaching the Rules
Deducted and Paid
All Matters Submitted
Written Permission
Direction of Board
Kypros Kotzikas
Appeal Rights
Natural Justice
Edmund Burke
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RULES OF RACING
BREACHES OF THE RULES
1002 (1) Every person commits a breach of these Rules who:
(a) does any act, or is responsible for any omission,
which is declared or deemed by any of these Rules to be a breach of
these Rules or of any of them or of any sub-Rule of any of them;
(b) acts in contravention of
or fails to comply with any provision of these Rules or any Regulations
made thereunder, or any notice, direction, instruction, restriction,
requirement or condition given, made or imposed under these Rules;
(c) commits a serious racing offence;
(d) is an accessory after the fact to a breach of
these Rules;
(e) conspires with any person to commit a breach of
these Rules;
(f) attempts to commit, or does or omits to do
an act in an attempt to commit, a breach of these Rules;
(g) does or omits to do an act for the purpose of
aiding any person or horse to commit a breach of these Rules;
(h) abets any person in the commission of a breach of
these Rules;
(i) incites, counsels
or procures any person to
commit a breach of these Rules.
(2) Every horse commits a breach of these Rules which contravenes
or does not comply with any provision of these • Rules or any
Regulations made thereunder.
(3) Every person who, having an intent to commit a breach of
these Rules, does or omits to do an act for the purpose of
accomplishing his object is guilty of an attempt to commit a breach of
these Rules intended, whether in the circumstances it was possible to
commit the breach of these Rules or not.
(4) Every person is an accessory after the fact to a breach
of these Rules who, knowing any person to have been a party to or to
have committed a breach of these Rules, receives, comforts or assists
that person or tampers with or actively suppresses any evidence against
him in order to enable him to avoid prosecution under these Rules.
GENERAL PENALTIES
1003 (1) Every person who or body or other entity (not being a
Club) which commits or is deemed to have committed a breach of these
Rules or any of them, or any sub-Rule of any of them for which no
penalty is provided elsewhere in these Rules shall be liable to:
(a) a fine not exceeding $5,000 and/or;
(b) to be disqualified or suspended from holding or obtaining a
licence, permit, certificate or registration for a period not exceeding
twelve months.Where a Rule, or a sub-Rule, creates a breach of these
Rules or declares or deems an act or omission by any person or body or
other entity to be a breach of a Rule or of these Rules and also
provides that the or a horse may be disqualified the liability to
disqualification of the horse shall not be regarded as a penalty for
the person's or body's or other entity's breach of the Rule or of the
sub-Rule or of these Rules.
(2) Where a horse or its rider commits or is deemed to have
committed a breach of these Rules or of any of them, or of any sub-Rule
of any of them, and no penalty is provided elsewhere in these Rules for
that breach:
(a) the horse may:
(i) be disqualified or scratched from any race; and/or
(ii) be disqualified for a period not exceeding twelve
months from and after the date of that race;
(b) every person who in the opinion of the Judicial Committee was
in charge of the horse at any material time may:
(i) be disqualified or suspended from holding or obtaining
a licence, permit, certificate or registration for a period not
exceeding twelve months; and/or
(ii) be fined a sum not exceeding $5,000.
(3) In addition to any other penalty which may be imposed on it
under any other Rule any Club which commits a breach of these Rules or
of any of them or of any sub-Rule of any of them, may be fined a sum
not exceeding $5,000 and/or be ordered to pay such sum in respect of
costs and expenses as the Judicial Committee thinks fit.
(4) Nothing in the preceding sub-Rules of this Rule shall
apply to a serious racing offence.
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Rule
1002 (1)(i)