30 SEPTEMBER 2009 NEW ZEALAND GAZETTE, No. 144 3427

(2) Where a horse or its Rider commits or is deemed to have committed a breach of these Rules or of any of them and a penalty is not 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 12 months from and after the date of that Race;

(b) a Rider committing the breach, or a person who in the opinion of the Judicial Committee was in charge of the horse at any material time may:

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

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

(iii) be fined a sum not exceeding $20,000, unless the breach is:

(A) a riding breach;

(B) a breach related to wagering; or

(C) a breach related to drugs, alcohol or a Prohibited Substance,

in which event such person shall be liable to a fine not exceeding $50,000 or the amount of the fee and share of stakes payable to the Rider or Trainer concerned for the relevant Race (whichever is the greater amount) and to a period of disqualification not exceeding five years.

(3) Nothing in the preceding sub-Rules of this Rule shall apply to a Serious Racing Offence, or a breach of the type set out in Rule 804.

(4) The Judicial Committee may, in addition to or in substitution of any penalty imposed under this Rule, disqualify for any Race and/or for any period not exceeding 12 months, any horse connected with a breach.

PROHIBITED SUBSTANCE OFFENCES

804 (1) A horse which has been brought to a Racecourse or similar racing facility and which is found by a Tribunal conducting an inquiry to have had administered to it or have had present in its metabolism a Prohibited Substance, capable of affecting its speed, stamina, courage or conduct, shall be, in addition to any other penalty which may be imposed, disqualified for any Race or trial to which the Third Appendix hereto applies in which it has started on that day.

(2) When a horse which has been brought to a Racecourse or similar racing facility for the purpose of engaging in a Race or trial to which the Third Appendix hereto applies is found by a Tribunal conducting an inquiry to have had administered to it or have had present in its metabolism a Prohibited Substance, capable of affecting its speed, stamina, courage or conduct, the Trainer and any other person who in the opinion of such Tribunal conducting such inquiry was in charge of such horse at any relevant time commits a breach of these Rules unless he satisfies the Tribunal that he had taken all proper precautions to prevent the administration or presence of such Prohibited Substance.

(3) The Trainer and any other person who in the opinion of a Tribunal conducting an inquiry was in charge of a horse, which was or was to be brought to a Racecourse or similar racing facility for the purpose of engaging in any Race or trial to which the Third Appendix hereto applies, commits a breach of these Rules if such Tribunal conducting an inquiry finds that the result of analysis of any test or sample taken from the horse after the scratching deadline (as specified for the relevant Race Meeting in accordance with Rule 510(d)(v) or as amended by NZTR from time to time) on the day on which the horse was to Race or trial discloses a level of article, substance or liquid equal to or greater than such level as is set by NZTR and published in the Thoroughbred Racing Monthly from time to time.

(4) A person shall not have in his or her possession on a Racecourse where a Race Meeting is being conducted or similar racing facility a Prohibited Substance, syringe, needle, device or other instrument which could be used to administer a Prohibited