Protecting Your Foals and Your Rights

Thoroughbred Breeders Australia is providing guidance on Foal Ownership Declaration and to aid clarity on how the current framework is operating.

In helping members to understand their obligations, reduce risk of non-lodgement, and access support, TBA have put together a summary of the Stud Book requirements and real-world examples on how its being enforced by Racing Australia.

Mare Returns and Foal Ownership Declarations – For every foal born, breeders must lodge a Mare Return and Foal Ownership Declaration within 30 days of the foal’s birth, via the Stud Book website.

FODs lodged between 30 and 60 days incur a $360 late fee over 60 days after birth with the foal being placed under embargo and deemed ineligible to race in Australia unless a formal appeal is upheld.

Embargo and Appeals – Where a FOD is lodged more than 60 days after birth, Racing Australia will impose an embargo preventing the horse from racing, which are strict and narrowly defined.

Racing Australia’s Appeal Guidelines for Late Lodgement of Foal Ownership Declarations demonstrate ‘special or exceptional circumstances’ that prevent lodgement.

It’s important that lack of awareness of the requirement, on its own, is not currently being accepted by Racing Australia as sufficient grounds for a successful appeal.

Appeals that do not clearly demonstrate exceptional circumstances, supported by appropriate evidence, are unlikely to succeed.

Racing Australia states appeals will be reviewed within 21 days, and is aware of multiple cases where timeframes are not being met, creating uncertainty.

TBA is actively engaging with Racing Australia regarding the operation, proportionality and transparency of the current framework for breeders and owners.

Before submitting an Appeal TBA can assist in circumstances that may fall within the published criteria Identifying additional contributing factors that should be articulated.

Lack of awareness alone may not be sufficient, there may be additional contextual factors that, when properly explained and evidenced, strengthen your position.

Situations Resulting in Embargo may not be the result of deliberate non-compliance, but administrative breakdowns or systemic issues.

These include: – Mare Return completed but FOD not lodged, particularly for 2024 foals and earlier when these were separate processes.

Assumptions between breeder and stud farm about who was responsible for lodging the FOD, especially where horses moved between studs or service levels differed.

Incorrect contact details recorded in the Stud Book, meaning reminder notices were not received, and IT systems processing large volumes of mares but inadvertently missing one or two.

Managing owners unaware of the requirement, particularly those new to the industry or based overseas, and mares covered in New Zealand or internationally, where the progeny has not been automatically captured via the stallion return process.