NEW ZEALAND GAZETTE, No. 76

18 JULY 2014

CONDITION OF LICENCE

344 Every Licence which is issued shall contain, or be presumed conclusively to contain, a condition that the Licenceholder shall, whenever required to do so by a Stipendiary Steward or Investigator in accordance with these Rules, permit a sample of the Licenceholder’s blood, breath, urine, saliva or sweat (or more than one thereof), to be obtained from the Licenceholder by, or under the supervision of, a Registered Medical Practitioner or an Authorised Person.

DRUG AND ALCOHOL TESTING

656 (1) A Rider who rides or presents himself to ride a horse, or any other Licenceholder who has carried out, is carrying out, or is likely to carry out, a Safety Sensitive Activity at a Racecourse, Training Facility or Trainer’s Premises shall thereby be deemed to have consented to a sample of his blood, breath, urine, saliva or sweat (or more than one thereof), being obtained from him by or under the supervision of a Registered Medical Practitioner or by an Authorised Person if and whenever the Rider is required by a Stipendiary Steward or Investigator to permit such a sample to be so obtained.

(2) A Stipendiary Steward or Investigator may require a Rider, or any other Licenceholder who has carried out, is carrying out, or is likely to carry out, a Safety Sensitive Activity at a Racecourse, Training Facility or Trainer’s Premises, to supply a sample of his blood, breath, urine, saliva or sweat (or more than one thereof) at a time and such place nominated by the Stipendiary Steward or Investigator. If so, such Rider, or any other Licenceholder, must comply with such a requirement. Any Rider, or any other Licenceholder who has carried out, is carrying out, or is likely to carry out, a Safety Sensitive Activity at a Racecourse, Training Facility or Trainer’s Premises, acting in contravention of this Rule shall be reported to NZTR by the Stipendiary Steward or Investigator dealing with the breach and NZTR shall consider whether, in addition to any penalty which may be imposed by the Judicial Committee, such person’s Licence should be reviewed (including having conditions imposed on it), cancelled, withdrawn or suspended under Rule 322(1) of these Rules.

(3) A Rider, or any other Licenceholder who has carried out, is carrying out, or is likely to carry out, a Safety Sensitive Activity at a Racecourse, Training Facility or Trainer’s Premises, who, having been required by a Stipendiary Steward or Investigator to supply a sample of his blood, breath, urine, saliva or sweat (or more than one thereof) in accordance with this Rule must not have blood, breath, urine, saliva or sweat (whichever is the subject of the applicable sample) which is found upon analysis to contain any controlled drug as defined in the Misuse of Drugs Act 1975 or other illicit substance or diuretic and/or its metabolites, artifacts or isomers.

(4) A Rider who rides or presents himself to ride a horse at a Racecourse, Training Facility or Trainer’s Premises must not have a breath alcohol level greater than 100 micrograms of alcohol per litre of breath.

(5) Subject to Rule 656(4), any Licenceholder who has carried out, is carrying out, or is likely to carry out, a Safety Sensitive Activity at a Racecourse, Training Facility or Trainer’s Premises must not have a breath alcohol level greater than:

(a) 150 micrograms of alcohol per litre of breath, if that person is younger than 20 years of age;

(b) 400 micrograms of alcohol per litre of breath, if that person is 20 years of age or older.