30 SEPTEMBER 2009 NEW ZEALAND GAZETTE, No. 144 3397

505 (1) The Owner or lessee (as the case may be) or (where applicable) the Racing Manager, of every horse shall notify NZTR, in writing on the appropriate horse registration form referred to in Rule 406, whether the Owner or lessee (as the case may be) is or is not a person registered under the Goods and Services Tax Act 1985 and carrying on a taxable activity within the meaning of that Act in respect of that horse and, if he is so registered, the Owner’s or lessee’s (as the case may be) goods and services tax registration number.

(2) Subject to the provisions of sub-Rule (4) of this Rule all winnings and other stakes or prizes and any applicable goods and services tax shall be paid over and delivered respectively by NZTR, on behalf of the Club, to the Owner or lessee (as the case may be) within 45 days after receipt by NZTR of the notification referred to in sub-Rule (1) of this Rule unless an inquiry, investigation, proceeding or appeal affecting or which may affect them is being conducted or held or is pending.

(3) A Club shall be responsible for the delivery, within the time set out in sub-Rule (2) above, of any prize not in money and the payment of any applicable goods and services tax.

(4) Notwithstanding any other Rule (including Rules 326, 332 and the preceding provisions of this Rule) where, in relation to a horse placed by the Judge in a stake-bearing position for which the amount of the total stakes payable for that Race, or the stake payable for that stake-bearing position, is $25,000 or greater, any test, examination or sample is taken or made pursuant to any power in these Rules relating to the administration of a Prohibited Substance to a horse, winnings, stakes or prizes or applicable goods and services tax shall not be paid or delivered to any potential recipient (including but not limited to the relevant Trainer, Owner(s) or lessee(s) (as the case may be) and Rider) in respect of that horse:

(a) until the result of such test, examination or sample has been notified to NZTR as being a negative result; or

(b) if as the result of such test, examination or sample an investigation or proceeding is taking or is to take place, until such time as the investigation, proceeding and any appeal relating thereto have been concluded and determined,

provided that NZTR may (in its sole discretion) pay, on a Club’s behalf, any stakes or deliver any prize, the value of which is less than an amount set for such purposes, to any potential recipient (including but not limited to the relevant Trainer, Owner(s) or lessee(s) (as the case may be) or Rider) prior to the result of such test, examination or sample being notified to NZTR or the appeal, investigation or proceeding being concluded and determined and in the event the result is positive and/or any investigation, proceeding or appeal is concluded and determined in a manner that requires that any winnings, stakes or prize be refunded or returned by that recipient, then NZTR may, on a Club’s behalf, off-set the value of any such stakes or prize already paid from any other winnings, stakes or prizes payable to that recipient by NZTR on the Club’s behalf. For the avoidance of doubt, in the event that the result of such test, examination or sample has been notified by NZTR as being a positive result and no investigation, proceeding or appeal relating to that result has concluded and determined otherwise, then NZTR, on behalf of the relevant Club (as applicable), shall be under no obligation to, and shall not, pay or deliver the winnings, or other stakes, prizes or fees or Goods and Services Tax payable for the particular stake-bearing position in relation to that horse.

GRADED STAKES

506 The provisions of this Rule 506 govern the appointment, operation, rights and powers of the Graded Stakes Committee and Review Panel.

(1) From time to time a Graded Stakes Committee shall be appointed, comprising eight members as follows:

(a) a Chairman who shall be appointed by NZTR in August each year, after consultation with the President of the New Zealand Thoroughbred Breeders’ Association;

(b) three representatives of NZTR who shall be appointed by NZTR in August of each year;