Equine Anti-Doping Manual (G)
5.1 The Authority shall have Raceday and Out-of-Competition Testing authority over all Horses which are subject to these Equine Anti-Doping Rules.
5.2 The Authority and its assignees or designees may collect a Sample from any Horse over which it has Testing authority which has not permanently retired from Racing, including from any Horse that is serving a period of suspension under these Equine Anti-Doping Rules. The permanent retirement of a Horse from Racing shall take effect on the registration of a Non-Racing Agreement with the Authority or other notification of retirement as provided for by the Rules of Racing.
5.3 Testing may be conducted at any time and at any place, including Testing on a Raceday and Testing Out-of-Competition. The selection of Horses for Testing may either be random or based on Target Testing.
5.4 The Authority shall approve Persons to collect Samples under these Rules. An approved Person (or an officer of an approved Person where such Person is a corporate body) must, if required to do so, be able to produce evidence of his appointment and authority to collect Samples under the Equine Anti-Doping Rules.
5.5 All Testing conducted by the Authority or on its behalf shall be conducted in substantial conformity with the Sample collection procedures set out in Schedule 3.
5.6 The Authority may collect Samples at the time of a Stalls Test in accordance with Schedule (C)5 for the detection of Prohibited Substances listed at section 12 of the Prohibited List.
5.7 Whereabouts Information: In order for the Authority to be able to collect Samples from Horses at any time and any place, Responsible Persons shall be required to comply with the whereabouts requirements set out in Schedule 2.
- 5.7.1 If a Responsible Person fails to notify the Authority of a Horse's whereabouts in accordance with the requirements of Schedule 2, it shall be deemed to be a Filing Failure for the purposes of Rule 2.8 where the relevant conditions for determining a Filing Failure in Schedule 2 have been met. A Responsible Person shall be deemed to have committed an equine anti-doping rule violation if he commits a total of three Filing Failures within a 12-month period.
5.7.2 If a Horse is unavailable for Testing based on whereabouts information provided by the Responsible Person, it shall be deemed to be a Missed Test where the relevant conditions for determining a Missed Test in Schedule 2 have been met. An equine anti-doping rule violation shall be deemed to have occurred if a Horse has been subject to three Missed Tests within an 18-month period.
5.7.3 The Authority may rely for the purposes of Rule 2.8 on Filing Failures or Missed Tests that have been declared by other Recognised Racing Authorities with Testing jurisdiction over a Horse provided that they have been declared on rules the same or similar to those in these Equine Anti-Doping Rules.
5.8 If a Responsible Person knowingly provides inaccurate or misleading information to the Authority about the whereabouts of a Horse, he may further be deemed to have violated Rule 2.3 (Evading Sample Collection) and/or Rule 2.4 (Tampering or Attempting to Tamper with the Doping Control process).