NEW ZEALAND GAZETTE, No. 53 — 14 MAY 2015

PART VIII

SERIOUS RACING OFFENCES, BREACHES AND GENERAL PROVISIONS

SERIOUS RACING OFFENCES

801

(1) A person commits a Serious Racing Offence within the meaning of these Rules who:

...

(n)

(i) administers, causes or permits to be administered or who attempts to administer or to cause to be administered or who permits a person to administer or cause to be administered to a horse for the purpose of affecting the speed, stamina, courage or conduct, a Prohibited Substance of the type set out in as defined in paragraphs 1 to 4 of the Fourth Appendix to these Rules Part A of the Prohibited Substance Regulations;

(ii) acquires, administers, causes or permits to be administered or who attempts to acquire, administer or to cause to be administered or who permits a person to acquire, administer or cause to be administered to a horse a Prohibited Substance of the type set out in as defined in paragraph 6 of the Fourth Appendix to these Rules Part B of the Prohibited Substance Regulations;

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

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803

(6) For the avoidance of doubt, a breach relating to the Prohibited Substance Regulations shall be dealt with under Rule 801 and/or Rule 804 and not this Rule 803.

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 of the type set out in any part of the Fourth Appendix to these Rules shall be, in addition to any other

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