3426 NEW ZEALAND GAZETTE, No. 144 30 SEPTEMBER 2009

(ac) pays a fine or costs imposed under these Rules on behalf of the person who was ordered to pay that fine or those costs.

(2) A person who commits a Serious Racing Offence shall be liable to:

(a) be disqualified for any specific period or for life; and/or

(b) be suspended from holding or obtaining a Licence for a period not exceeding 12 months. If a Licence is renewed during a term of suspension, then the suspension shall continue to apply to the renewed Licence; and/or

(c) a fine not exceeding $50,000.

(3) The Judicial Committee may in addition to, or substitution of, any penalty imposed under sub-Rule (2) hereof disqualify for any Race and/or for any specific period or for life any horse connected with the Serious Racing Offence.

BREACHES OF THE RULES

802 (1) A person commits a breach of these Rules who:

(a) acts in contravention of or fails to comply with any provision of these Rules or any Regulations made thereunder, or any policy, notice, direction, instruction, guideline, restriction, requirement or condition given, made or imposed under these Rules;

(b) commits a Serious Racing Offence;

(c) is an accessory after the fact to a breach of these Rules;

(d) conspires with a person to commit a breach of these Rules;

(e) attempts to commit, or does or omits to do an act in an attempt to commit, a breach of these Rules;

(f) does or omits to do an act for the purpose of aiding a person or horse to commit a breach of these Rules;

(g) abets any person in the commission of a breach of these Rules; and/or

(h) incites, counsels or procures a person to commit a breach of these Rules.

(2) A horse commits a breach of these Rules which contravenes or does not comply with any provision of these Rules or any Regulations made thereunder or any policy, notice, direction, instruction, restriction, requirement or condition given, made or imposed under these Rules.

(3) A 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 a breach of these Rules or not.

(4) A person is an accessory after the fact to a breach of these Rules who, knowing a 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

803 (1) A 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 for which a penalty is not provided elsewhere in these Rules shall be liable to:

(a) be disqualified for a period not exceeding 12 months; and/or

(b) be suspended from holding or obtaining a Licence for a period not exceeding 12 months. If a Licence is renewed during a term of suspension, then the suspension shall continue to apply to the renewed Licence; and/or

(c) a fine not exceeding $20,000.

Where a Rule or any part of a Rule provides that the or a horse may be disqualified if a person commits a breach in respect of such Rule or any such part 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 part.