NEW ZEALAND GAZETTE, No. 53 — 14 MAY 2015

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 of the type set out in as defined in paragraphs 1 to 4 Part A of the Fourth Appendix to these Rules Prohibited Substance Regulations, 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 any such level which is specifically as is set by NZTR and published in the Thoroughbred Racing Monthly from time to time contained in the Prohibited Substance Regulations.

(4) A person shall not have in his or her possession on a Racecourse or similar racing facility, where a Race Meeting is being conducted or trials to which the Third Appendix hereto applies, a Prohibited Substance, syringe, needle, device or other instrument which could be used to administer a Prohibited Substance to a horse unless that person shall have first obtained the permission of the Stipendiary Steward or Investigator to be in possession or satisfies them that such possession is for his lawful use.

(5) A person, except for a Veterinarian who is an official, shall not, during a day of racing, administer by injection, nasal gastric tube, gastric tube, ventilator or nebulizer to a horse entered in a Race, or trial to which the Third Appendix hereto applies, on that day of racing any substance whatsoever, unless such administration occurred after the horse has raced or under the direction of a Stipendiary Steward or Investigator. For the purposes of this sub-Rule the day of racing is deemed to commence at 12.01am and to conclude after the last Race.

(6) A Trainer of a horse commits a breach of these Rules if the Tribunal conducting an inquiry finds that the horse has had administered to it or has had present in its metabolism a Prohibited Substance of the type set out in paragraph 6 or as defined in Part B of the Fourth Appendix to these Rules Prohibited Substance Regulations.

(7) A person who commits a breach of sub-Rule (2) or (3) or (4) or (5) or (6) of this Rule shall be liable to:

(a) be disqualified for a period not exceeding five years; 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 $25,000.

(8) Any horse connected with a breach of sub-Rule (2) or (3) or (4) or (5) or (6) of this Rule shall be, in addition to any other penalty which may be imposed, disqualified from any Race or trial to which the Third Appendix hereto applies and/or be liable to a period of disqualification not exceeding five years.

(9) (a) If a Stipendiary Steward is satisfied following the outcome or analysis of the exercise of any powers in Rules 208(c) that a horse has had administered to it or has had present in its metabolism 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, then the Stipendiary Steward may declare the horse ineligible to start in any Race or trial to which the Third Appendix hereto applies for a reasonable period (taking in account the nature of the Prohibited Substance administered or which is or was present), such period to be determined by the Stipendiary Steward following consultation with a Veterinarian; and

(b) Any horse connected with a breach of sub-Rule (6) in relation to clause 8 of Part B of the Prohibited Substance Regulations may not be trained (and is ineligible to start in any Race or trial to which the Third Appendix applies) for a period of 12 months from the date the relevant Tribunal delivers its written decision (except that if the horse is less than two years old at the time the written decision is delivered then the 12 month period shall commence on the day that horse turns two years old).

(10 9) If a Owner or lessee (as the case may be) or his Agent or the Racing Manager or the Trainer of a horse, which is declared ineligible to start in any Race or Trial to which the Third Appendix applied Race pursuant to Rule 804(9), wishes to appeal against that decision (including the decision to declare the horse ineligible and/or the period of ineligibility), he shall inform the Stipendiary Stewards of the wish and a Stipendiary Steward shall file an information with the Judicial Committee who shall consider the matter de novo.

(11 10) If, in a proceeding in which any breach of this Rule or of Rule 801(1)(n) is alleged, it is proved that:

(a) a horse has had administered to it an article, substance or liquid; or

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