30 SEPTEMBER 2009 NEW ZEALAND GAZETTE, No. 144

(ix) whether it should order that the Judge, Starter, Clerk of the Course or any other Official be removed during and for the duration of the Race Meeting or any day thereof and that any person should be appointed in his stead;

(x) whether to declare the entry of any horse to be invalid, the money paid for such entry to be forfeited to the Club and sweepstake (if any) to be forfeited for the Race in which the horse is entered; and

(xi) all other matters which these Rules require or permit to be and are submitted to it;

(c) subject to the powers of the Stipendiary Steward, to determine whether any horse should be scratched for any Race and to order that any horse be so scratched;

(d) in any circumstances in which it deems such action necessary or desirable, to order the removal of any Rider and the substitution of another;

(e) to order that a horse be swabbed or examined or tested or that a sample or samples be taken from it, as part of any investigation being carried out or hearing being conducted by the Judicial Committee, and in the event of such order being made neither the Judicial Committee nor a person carrying out its order shall be liable to the Owner or lessee (as the case may be) of or any other person having any or a beneficial interest in the horse or in a Legal Ownership Entity, which is the Owner of that horse for any loss suffered as a result of or in connection with such order or the carrying out thereof;

(f) to hold an inquiry into any alleged failure to comply with the provisions of Rule 636 notwithstanding that such inquiry involves consideration of the running or riding of a horse both in the particular Race to which the alleged failure relates and in some other Race or Races at a Race Meeting or Race Meetings at which that Judicial Committee did not necessarily officiate; and

(g) to require a Rider to permit a sample of his blood, breath, urine, saliva or sweat (or more than one thereof) to be obtained from him by or under the supervision of a Registered Medical Practitioner or an Authorised Person at such time and place nominated by a Stipendiary Steward or Investigator.

(3) A Judicial Committee shall, in addition to having all the powers which are conferred on it by any of these Rules, have all such powers as are necessary to enable it to discharge the functions set out in sub-Rules (1) and (2) of this Rule.

(4) Notwithstanding anything to the contrary in this or any other Rule, the Judicial Committee shall not have the power to permit a horse to carry any weight other than that which it was handicapped or re-handicapped to carry (except that the handicapped or re-handicapped weight may be permitted to be altered by being declared overweight, by penalty or by authorised allowance).

INFORMATIONS

903 (1) All proceedings shall be commenced by way of filing an information either:

(a) with the Registrar for the Judicial Committee, where the information is filed during a Race Meeting; or

(b) with a person appointed by the Judicial Control Authority to receive an information, where the information is filed other than during a Race Meeting.

(2) (a) During a Race Meeting an information may be filed only by:

(i) a Stipendiary Steward or Investigator;

(ii) the Rider, Owner or lessee (as the case may be), or the Owner or lessee’s Agent or the Racing Manager, Trainer or the person in charge of the horse, against another horse or Rider in that Race. Such Rider, Owner or lessee (as the case may be) or the Owner or lessee’s Agent or the Racing Manager, Trainer, or person shall prior to the filing of an information lodge with the Judicial Committee a filing fee the amount of which shall be set from time to time by NZTR. Provided that the Judicial Committee may accept in lieu of such fee a written undertaking by the informant to pay such fee within seven days; or

(iii) a person with the leave of the Judicial Committee. Such person shall unless exempted by the Judicial Committee prior to filing an information lodge a