AUS Breeders Mull Legal Action Over New Rules

At its board meeting last week, the Thoroughbred Breeders of Australia voted unanimously to oppose new rules for foals that owners say are being forced upon them by the nation's racing regulator, Racing Australia.

The TBA said legal action is under consideration. 

Racing Australia has mandated a foal's acceptance into the Stud Book is conditional on it being registered within 30 days of foaling and that ownership must be declared within a further 30 days. Failure to comply will lead to the foal being barred from eligibility to be registered as a racehorse at a later date.

Racing Australia has said the new rules will bolster record-keeping and lead to improvements in animal welfare and integrity. 

TBA president Basil Nolan said while his group supports measures that would enhance animal welfare and improve transparency and traceability of ownership, what Racing Australia has proposed would give total control over the breeding industry to bodies established to regulate racing.

"It was clear that breeders across the country have been relaying their opposition to these rules to their state breeding bodies," Nolan said. "TBA has also been overwhelmed by the opposition these rules have caused among our members."

TBA has no formal representation on the Racing Australia board.

"Without meaningful representation we believe this is potentially very damaging for our industry. We are in consultation with our lawyers and we will consider all options available to challenge these new rules."

On June 27, TBA was provided a draft set of rules to review; some of the rules differed significantly from previous drafts TBA was given, Nolan said in early July.

"Among the new regulations was a demand that Principal Racing Authorities (Racing Victoria, Racing NSW, etc.) be informed every time an 'unnamed horse' (i.e. foal or yearling) was moved from one property to another (for example if going to a veterinary clinic for treatment, being walked out with a mare to visit a stallion farm, etc.). And also that Principal Racing Authorities would have to be informed and give their approval before a dead foal or yearling was 'disposed of,' " Nolan said.

Nolan said the TBA "would strongly suggest breeders consider deferring lodgment of their mare returns until after we receive legal advice."

Some breeders in the United States are keeping an eye on developments, espcially those with interests in Australia.

Ned Toffey, general manager of B. Wayne Hughes' Lexington-based Spendthrift Farm, said he sees valid arguments on both sides of the issue. Spendthrift launched an Australian operation last year in Victoria with both stallions and mares.

"It's a little bit concerning; we'd like to see how it will shake out," Toffey said. "But we're kind of the new guy—a lot of (Australian) breeders down there have a lot more perspective on this than we do. 

"But the argument of trying to get as much transparency and standardization throughout the breeding industry as possible is not a bad thought. Trying to make sure that things are done as ethically as possible—we've certainly seen situations over here where some horses have been abandoned." 

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"What (Racing Australia) are doing is looking to give them some repercussions on people who do these kinds of things," Toffey said. "I think there are some valid arguments from that side. 

"On the other side of the coin is the concern about the lack of representation; that's a huge concern. Lack of representation is never a good thing. I think we founded this country on that principle. How this is going to play out, I'm not sure. ...But obviously there's a lot of sides to this."

On July 15, TBA was given what Racing Australia said was the final set of rules for breeders and foal owners. A summary of the rules can be accessed by clicking here.

TBA is encouraging breeder participation in a survey it has commissioned regarding the new rules. 

To take the survey, click here.

At the end of the survey there is an opportunity to provide feedback and express opinions. More than 400 breeders have given their views so far, TBA said.