Thoroughbred Breeders Australia is writing to members to provide guidance on Foal Ownership Declaration (FOD) obligations and to aid clarity around how the current framework is operating.
Our aim is to help members understand their obligations, reduce the risk of non-lodgement, and access support where required. To that end, we have put together a summary of the current Stud Book requirements and real-world examples of how this process is being enforced by Racing Australia.
Mare Returns and Foal Ownership Declarations
For every foal born, breeders are required to lodge both the Mare Return and the Foal Ownership Declaration within 30 days of the foal’s birth; this is now a single process on the Stud Book website.
FODs lodged between 30 and 60 days incur a late fee of $360.
FODs lodged more than 60 days after birth will automatically result in 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 automatically impose an embargo preventing the horse from racing.
The conditions under which an embargo will be lifted are extremely strict and narrowly defined.
Racing Australia’s published Appeal Guidelines for Late Lodgement of Foal Ownership Declarations outline that an appeal must demonstrate “special or exceptional circumstances” that prevented timely lodgement.
You can view the full guidelines here:
https://racingaustralia.horse/RoR/Appeal-Guidelines-for-Late-Lodgement-of-Foal-Ownership-Declarations.pdf
It is important to understand 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 that appeals will be reviewed within 21 days. We are aware of multiple cases where this timeframe is not currently being met, creating uncertainty for breeders and owners.
TBA is actively engaging with Racing Australia regarding the operation, proportionality and transparency of the current framework.
Before You Submit an Appeal
If you need to lodge an appeal, or if you have been asked to provide further information, we strongly encourage you to contact TBA before submitting.
We can assist you in:
- Assessing whether your circumstances may fall within the published criteria
- Identifying additional contributing factors that should be articulated
- Ensuring your submission is detailed and properly supported
- Preparing statutory declarations where appropriate.
In many cases, while 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
Many embargoes we are seeing are not 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.
- 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.
- Mares covered in New Zealand or internationally, where the progeny has not been automatically captured via the stallion return process.
These are practical realities of a complex industry, and they are having significant consequences.
Immediate Action: Please Check Everything
We strongly recommend that you:
- Review ALL mares, foals and yearlings you are connected to
- Confirm that both the Mare Return and FOD have been correctly lodged
- Do not assume another party has completed the process, even if you are not the managing owner.
This includes horses that have moved between studs or ownership structures.
If You Are Affected
Please contact Meagan McGrath via email, meagan@tbaus.com, if you:
- Need help to prepare an appeal;
- Have already lodged an apppeal and are awaiting a response;
- Have had an appeal declined; or
- Are concerned about a horse connected to you.
We are seeking to track all members and horses currently impacted by embargo to ensure we have a complete understanding of the scale and nature of this issue.
Your information will assist our advocacy efforts and ensure that they are informed by the real-world experiences of breeders, including any practical challenges encountered within the current framework.
We are actively engaging with Racing Australia and will continue to keep members informed as this issue evolves.
Enquiries: info@tbaus.com
