AR36A Fitness and propriety restrictions on persons who can own or race a horse

30 March 2023

Australian Rule of Racing AR36A, which stipulates fitness and propriety restrictions on persons who can own or race a horse, comes into effect in Queensland this Saturday 1 April 2023.

Under AR36A, Queensland Racing Integrity Commission (QRIC) stewards may restrict any person from owning or racing a horse if they consider that person not fit and proper to do so.

A person may be restricted from owning or racing a horse if they:

• Have been convicted of an offence involving violence or dishonest activity in the previous 10 years
• Have been convicted of an animal welfare offence in the previous 10 years, or;
• Are bankrupt.

QRIC stewards will have jurisdiction to conduct assessments as to a person’s fitness and propriety before permitting them to own, lease or race a horse in Queensland.

Please see the full AR36A stipulations listed below. If you have any questions regarding the implementation of AR36A, please contact stewards@qric.qld.gov.au.

AR36A fitness and propriety restrictions on persons who can own or race a horse:

(1) Racing Australia, a PRA or the Stewards (as applicable) may restrict any person from holding an ownership or lease interest in a horse if, in their opinion, the person is not a fit and proper person to own or lease a horse.

(2) Without limiting subrule (1), except where otherwise permitted by Racing Australia, a PRA or the Stewards (as applicable), a person is not permitted to hold an ownership or lease interest in a horse if the person:

(a) has been convicted of an indictable criminal offence or a criminal offence involving

violence against a person or dishonest activity in the previous 10 years;

(b) has been convicted of an offence under any animal welfare or prevention of cruelty to animals legislation in the previous 10 years; or

(c) is an undischarged bankrupt or is taking advantage of the laws in force for the time

being relating to bankruptcy.

(3) Subject to subrule (4), a person must not enter or cause to be entered a horse in a race, official trial or jump-out where a person who is not permitted to hold an ownership or lease interest in the horse pursuant to subrule (1) or (2) purports to hold such an interest in the horse.

(4) Notwithstanding Racing Australia, a PRA or the Stewards assessing a person as fit and proper or not, any other PRA/s may conduct its own assessment as to that person’s fitness and propriety before permitting him or her to own, lease or race a horse in that PRA’s jurisdiction.

(5) For the sake of clarity and without limiting any other provisions of the Rules, an ownership or lease interest includes an interest held by a person (from 0% to 100% inclusive) as a:

(a) director or shareholder of a company;

(b) partner of a partnership or firm;

(c) trustee of a trust;

(d) manager or member of a syndicate, and any other interest or position where the person is able to exercise any control or influence in respect of a horse, or either directly or indirectly has the power to vote or participate in decisions in respect of the horse.