Australian Harness Racing Rules 297-314

General Matters

 


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.

Matters related to recognised harness racing authorities

297. (1)  A person possessing a right, privilege or thing granted by a recognised harness racing authority may, as far as practicable, exercise that right, privilege or thing in accordance with its terms and conditions within the jurisdiction of the Controlling Body.

(2)  A person suspended or placed under disability by a recognised harness racing authority shall, during its currency and as far as practicable, observe within the jurisdiction of the Controlling Body the terms and conditions of the suspension or disability.

(3)  A person intending to participate in a harness racing activity shall give reasonable notice to the Controlling Body or the Stewards of any current suspension or disability imposed on the person by a recognised harness racing authority.

(4)  The Stewards may direct a person to do or not to do something which, in the opinion of the Stewards, is consistent with a right, privilege or thing granted, or suspension or disability imposed, by a recognised harness racing authority.

(5)  A person who has been penalised by suspension, disqualification or warning off or placed under a disability by a recognised harness racing authority shall not, during the currency of the penalty, be eligible to apply for any form of licence to any other recognised harness racing authority. 

(6)  the Controlling Body may make determinations, and the Stewards may exercise the powers granted to them by these rules, to ensure or facilitate within the jurisdiction of the Controlling Body -

(a)  the exercise of a right, privilege or thing; or

(b)  the observation of the terms and conditions of a suspension or disability granted to or imposed on a person by a recognised harness racing authority.

(7)  A person who fails to comply with sub rule (2) or sub rule (3) or with a direction given under sub rule (4) is guilty of an offence.

(8)  Notwithstanding the foregoing provisions of this rule, the Controlling Body may determine that one or more of sub rules (1), (2), (3) and (4) do not apply in certain circumstances or to a particular person.

(9)  The Controlling Body may exchange information with a recognized harness racing authority.

(10)  In this rule a recognised harness racing authority includes members of the International Trotting Association and the officials, officers and Stewards of the authority.

Matter related to other racing codes

298. (1)  A person subject to disqualification, suspension or some other disability imposed by an approved body shall during its currency and as far as practicable, observe within the jurisdiction of the Controlling Body the terms and conditions of the disqualification, suspension or other disability as if they applied to the person’s harness racing activities.

(2)  A person intending to participate in a harness racing activity shall give reasonable notice to the Controlling Body or the Stewards of any current disqualification, suspension or other disability imposed on the person by an approved body.

(3)  The Stewards may direct a person to do or not to do something which in the opinion of the Stewards is consistent with a disqualification, suspension or other disability imposed by an approved body.

(4)  The Controlling Body may make determinations, and the Stewards may exercise the powers granted to them by these rules, to ensure or facilitate within the jurisdiction of the Controlling Body the observation of the terms and conditions of a disqualification, suspension or other disability imposed on a person by an approved body as if those terms and conditions applied to the person’s harness racing activities.

(5)  A person who fails to comply with sub rule (1) or sub rule (2) or with a direction given under sub rule (3) is guilty of an offence.

(6)  Notwithstanding the foregoing provisions of this rule the Controlling Body may determine that one or more of sub rules (1), (2) and (3) do not apply in certain circumstances or to a particular person.

(7)  In this rule an approved body means an organisation accepted by the Controlling Body as controlling thoroughbred or greyhound racing in a State or Territory of Australia or in part of or the whole of a country and the officials, officers and Stewards of such an organisation.

Scope of rules and related matters

299.  All persons

(a)  licensed under these rules;

(b)  carrying on or purporting to carry on activities related to the harness racing industry; or

(c)  who in some other way are affected by the rules,

are deemed to have knowledge of and be bound by them and of all things done under them.

Stewards’ powers exerciseable by controlling body

300.  The Controlling Body or a person authorised by the Controlling Body may exercise the powers conferred on the Stewards or upon the Chairman of Stewards or Deputy Chairman of Stewards, by these rules.

Betting

300A.   For the period of one (1) hour before the advertised starting time for the first race until the conclusion of the meeting a bookmaker operating or intending to operate at a meeting his agent or any of his employees shall not enter the areas known or referred to as the birdcage, horse stalls, parade ring or any area reserved by the Club for the use of drivers at the meeting.

Indemnity Against Claims

301.  (1)  A claim at law or in equity shall not be maintainable by a person to whom these rules apply against any steward, authorised person or official in respect of any action performed by such steward, authorised person or official for the purpose of giving effect to all powers and duties under the rules.

(2)  Any steward, authorised person or official performing or exercising powers or duties under the rules shall stand indemnified by the respective Controlling Body against any such claim.

Overcoming wrongs and correcting errors

302.  The Controlling Body may take whatever measure it considers appropriate -

(a)  to prevent or overcome what it considers to be a corrupt, wrong or unfair practice affecting or likely to affect, any meeting, race or event or any other aspect of the harness racing industry;

(b)  to rectify an error which has occurred because of some mistake or mishap in the administration of these rules whether by itself, the Stewards, a club or any person.

Instruments and forms

303. (1)  The Controlling Body may create, use and issue any instrument, form or document which it considers necessary or convenient to give effect to these rules.

(2)  The Controlling Body may maintain registers and records for the purposes of these rules in such manner and form as it thinks fit.

(3)  The Controlling Body may determine procedures and impose requirements which it considers necessary or convenient for the administration of these rules.

Powers exerciseable at discretion

304.  The powers conferred on the Controlling Body by these rules may be exercised from time to time at the Controlling Body’s discretion.

Appointments, suspension and termination

305.  Where power is conferred on the Controlling Body by these rules to make appointments that power includes the right to suspend someone so appointed, whether with or without remuneration or compensation, and the right to terminate the appointment.

Time at which rights cease

306. Unless a rule or form provides otherwise licences, registrations, rights and privileges granted under these rules cease at the end of the racing year.

Notification

307. (1)  Where the Controlling Body or the Stewards impose, make or give an order, direction, decision, determination or the like under these rules which is of general application or of general interest to participants in the harness racing industry, it or they may give notice thereof -

(a)  by publishing it in a recognised harness racing publication;

(b)  by publishing it in the racing calendar;

(c)  by publishing it in a newspaper; or

(d)  by publishing it on a Controlling Body website; or

(e)  by publishing it in some other format of general distribution.

(2)  A person is deemed to have notice of anything published pursuant to sub rule (1).

Service of notices

308. (1)  Service of a notice or any document on a person under these rules may be effected -

(a)  personally;

(b)  by registered, certified or similarly secured letter posted to the person’s last known or usual place of abode or business;

(c)  by leaving the notice or document with someone apparently of or above the age of 16 years at such place of abode or business; or

(d)  by such electronic or other means of communication or substituted service as the Controlling Body may determine.

(2)  Service on a person who is a partner under a trainer’s licence is deemed service on each of the partners.

(3)  After service has been effected the Controlling Body or Stewards, as the case may be, may proceed to deal with the matter including in the absence of the person served.

Regard to be had to purpose

309.  In the interpretation of a rule a construction that would promote the purpose or object underlying it, whether expressly stated or not or which would facilitate or extend its application, is to be preferred to a construction that would not promote that purpose or object or which would impede or restrict its application.

Fees

310. (1) The Controlling Body may impose and recover fees in respect of anything done under these rules.

(2)  Without limiting the scope of sub rule (1) fees may be imposed and recovered in respect of any application, grant, approval, notification, report, publication, nomination, registration, inspection, test, examination, inquiry, authority, transfer, licence, lease or permit.

(3)  Information about fees may be given in such manner as the Controlling Body considers appropriate.

Advice and other matter

311.  The Controlling Body may-

(a)  act on such advice, information and documentary material as it sees fit and regardless of whether rules, determinations or forms made under rules, have been complied with or properly completed;

(b)  disregard the rights or privileges of anyone who has failed to comply with or complete rules, determinations or forms made under rules.

Dictionary and notes

312. (1)  Expressions used in these rules which are defined in the dictionary have or include as indicated the meanings given to them in the dictionary.

(2)  Notes in the dictionary are explanatory and do not form part of the rules.

Singular and plural form

313. (1)  Words or expressions in the singular form in these rules include the plural form and words or expressions in the plural form include the singular form.

(2)  Sub rule (1) does not apply where it is obvious from the context that either the singular form or the plural form solely applies.

(3)  Words or expressions importing the masculine gender shall be deemed and taken to include the female gender unless the contrary is expressly provided for. 

Date rules take effect and related matters

314. (1)  These rules take effect on 1st September 1999.

(2)  The previous rules are repealed on that date.

(3)  The repeal does not affect any then existing right, privilege, obligation, disability, disqualification, suspension or other penalty.

(4)  All inquiries, investigations and similar proceedings on foot at the date of repeal or which subsequently commence in respect of circumstances or events occurring before that date shall be governed by the repealed rules and may continue on or be instituted and proceed as the case may be and decisions may be made and enforced and penalties imposed as if the repealed rules were still in force.

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

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