Cover image courtesy of The Image Is Everything
A crackdown on the Foal Ownership Declaration (FOD) process by Racing Australia could have significant consequences for breeders, with those who fail to lodge declarations on time risking their foal's eligibility, and consequently a portion of the foal crop could be ruled ineligible to race in Australia.
What the rules really mean
A new Australian Rule of Racing will mean that foals whose owners don’t complete the Foal Ownership Declaration on time, cannot race those foals in Australia under rules AR285, AR286 and AR287.
Under this proposed change, they will still be eligible for the Australian Stud Book, meaning they can be named, bred, and exported to race under other jurisdictions' racing rules.
Foals not registered with Racing Australia within 60 days of birth will be flagged as ineligible to race. While late declarations will still be processed, they now carry significant consequences.
The Racing Australia statement explains that, from August 1, 2024, Racing Australia introduced a process that required owners to provide a reason for lodging a late FOD via an online survey. Based on the results of this survey and feedback from the State Breeder Association, changes have been made.
The details
As outlined by Racing Australia, from 1 August 2025:
FODs that are lodged before 30 days will be accepted and charged the current standard fee of $140.
FODs that are lodged after 30 days but by 60 days will be accepted, but a late fee of $360 will be charged. This late fee replaces the current late fee of $125 if lodged after 30 days, and $200 if lodged in the following season.
FODs that are lodged after 60 days will be accepted and charged the current fee of $140 but the foal will be flagged as not eligible to race.
Foal | Image courtesy of Sportpix
Further expanding, if a FOD has not been declared within the 60-day time frame, an email will be sent with an option to appeal the ineligibility. An Appeal can only be upheld if special or exceptional circumstances are proven and supported by documentation.
A fee of $500 will be charged for the Appeal which an independent third party will hear. If the Appeal is successful, the ineligibility to race will be removed and the Appeal fee will be refunded and the late fee of $360 charged.
Racing eligibility at risk
Of the 11,666 foals born in Australia in 2024, around one in six had not had their mandatory ownership and location declarations submitted to the Stud Book within the required 30-day timeframe.
Racing Australia recognises that ineligibility to register and race your horse in Australia is a serious consequence for owners failing to comply with their lodgement obligations. They have also clarified that anyone selling an unregistered foal must inform prospective buyers whether the required declarations have been submitted in accordance with the rules.
Foals playing | Image courtesy of Sportpix
Similarly, potential purchasers should do their due diligence and make enquiries of a vendor to satisfy themselves the horse is eligible to be registered to race.
Eligibility to race in Australia could have a dramatic effect on yearling sale prices for a portion of the industry should breeders not be diligent in their paperwork processes.
TBA respond
Thoroughbred Breeders Australia (TBA) quickly denounced the hardline position taken by Racing Australia that has the potential to see a significant number of foals born this year banned from racing.
TBA President Basil Nolan is calling for a more collaborative approach to simplify the system of submitting mare returns and registering foal ownership details.
Basil Nolan | Image courtesy of The Image Is Everything
Nolan has stated through the TBA press release, “We are united in our desire to see improved traceability amidst our industry’s substantive efforts to advance equine welfare outcomes, however this aggressive approach taken by Racing Australia is an unfair and punitive attack on those people who are at the coalface of protecting our horses’ wellbeing: the breeders.
“Breeders have expressed frustration with the current system for lodging mare returns and foal ownership details, describing it as outdated and cumbersome, which not only slows the process but also impacts the time required to complete these returns.
“Rather than introducing harsh penalties that could cripple participants’ livelihoods and put their horses’ welfare at risk, we implore Racing Australia to direct their energies to improving their systems and making the registration of mares and foals a much easier and more efficient online process.
“We implore Racing Australia to direct their energies to improving their systems and making the registration of mares and foals a much easier and more efficient online process.” - Basil Nolan
“Like our fellow industry stakeholders, TBA wants to see all horses traceable from birth through to leaving the thoroughbred system, and we believe the way to achieve this is to make the process as simple as possible for our breeders.”
If it's the system that is the issue and not the actual process, could resources be better spent attempting to improve the existing system, or reaching a compromise that will not penalise so many breeders?
