Registration embargo overturned – Racing Australia lifts ban on $150,000 Spirit Of Boom filly

An embargo that would deny a Spirit Of Boom yearling the chance to race in Australia after being sold for a six-figure sum at the Magic Millions in January has been lifted on appeal.

The Telemon Thoroughbreds-sold filly by Spirit Of Boom out of Adio, one of two yearlings offered at the Gold Coast with a late foal ownership declaration (FOD) embargo in place, has been caught up in Racing Australia’s strict enforcement of the registration and traceability rules. 

The filly was bought by leading Brisbane trainer Tony Gollan, agent John Foote and Strong Bloodstock for $150,000, with the sale and payment of proceeds to the breeder by Magic Millions remaining on hold until the situation was resolved.

A Savabeel-How Womantic filly sold for $190,000 by Vinery Stud on behalf of a client to agents Mark Player and Rob Roulston also had an “ineligible to race” embargo placed on her by Racing Australia before the Magic Millions.

It is believed that the filly, who is by New Zealand’s champion sire, did not have the ownership registration lodged on time because an embargo had been placed on her by Waikato Stud due to an overdue service fee payment.

The outstanding amount was subsequently paid by the filly’s breeder, but Racing Australia placed an embargo on her due to the apparent late FOD.

The appeal process remains ongoing.

A search of the Australian Stud Book website revealed that the embargo is no longer listed alongside the Spirit Of Boom filly, who was prepared and sold at the Gold Coast for the breeder by Telemon Thoroughbreds’ Dan Fletcher.

The Queensland studmaster confirmed to The Straight that a second appeal lodged by the breeder had been successful, with the result finalised by Racing Australia’s independent panel last week.

The development came as Thoroughbred Breeders Australia, which has been at loggerheads with Racing Australia about breeders’ foal ownership declaration obligations, sent its members an extended reminder email on Wednesday about their responsibilities.

Under Racing Australia’s regulations, breeders must now lodge both the mare return and the foal ownership declaration (FOD) within 30 days of a foal’s birth, with the two requirements consolidated into a single online process on the Australian Stud Book website.

FODs submitted between 30 and 60 days after birth will attract a $360 late fee.

Foals with FODs lodged more than 60 days after birth will be automatically placed under embargo, rendering them ineligible to race in Australia unless a formal appeal is upheld.

Racing Australia’s policy states that appeals will be reviewed in 21 days but the aforementioned Spirit Of Boom filly’s case extended well beyond that time period.

“Our update to members was intended to reassure affected breeders that support is available and that they are not navigating this alone,” TBA and Aushorse chief executive Andrew Hore-Lacy said.

“We have consistently raised concerns that embargoes are a disproportionate penalty, particularly where there has been no intent to avoid compliance. 

“In some cases, they are creating serious commercial and welfare consequences. We have urged Racing Australia to apply greater proportionality and common sense in the administration of these matters.

“Our primary focus for now is on fact-finding and ensuring every impacted breeder has the opportunity to gather and present all relevant information and to have their matter determined in accordance with principles of procedural fairness.”

It is understood that two horses catalogued for next month’s Magic Millions Adelaide Yearling Sale also have a not-to-race embargo placed on them due to the late lodgement of FOD forms with the industry’s national regulator.