Neds APG Yearling Sales - 2022 Sales Catalogue

APG YEARLING SALES

SERIES 33 - 2022 SALES SERIES

CHAIRMAN CONTENTS
Mr Robert Marshall - New South Wales
Office Holders 1
DEPUTY CHAIRMAN Terms & Conditions of Sale 2
Race Series Conditions - Pacers 12
Mr Peter Watkinson – Victoria GST Explanation 23
DIRECTORS Veterinary Emergency Numbers 23
Mr William Ellis OAM - New South Wales Futurity Notices 23
Mr Paul Ellis - Queensland Catalogue Disclaimer 23
Mr Trevor O’Reilly - Queensland Sale Day Notices 24
Pedigree Explanation 25
GENERAL MANAGER 0404 557 440
Mr David Boydell Sales Indices
Pedigrees
SALES MANAGER 0428 955 998
Mrs Linda Graham

OFFICE & ACCOUNTS MANAGER
Ms Belinda Richardson 0402 290 708

CUSTOMER RELATIONS MANAGER

Mr John Coffey 0418 500 211

MARKETING & OPERATIONS MANAGER

Mr Dean Baring 0459 215 333

SALES, RACE SERIES & EVENTS CO-ORDINATOR REGISTERED ADDRESS
Tabcorp Park, Menangle
Ms Steph Graham 0477 160 499 Racecourse Road
MENANGLE PARK NSW 2568
PEDIGREE RESEARCHER
Mr Philip Trainor

2022 SALES WWW.APGOLD.COM.AU

Gold Coast – Magic Millions, Gold Coast, Sunday January 23 – 2:00pm 1
Melbourne – Inglis Sales Complex, Oaklands Junction, Sunday February 6 – 11:00am
Perth – Magic Millions, Middle Swan, Sunday February 27 – 1:00pm
Sydney – Inglis Riverside Stables, Warwick Farm, Sunday March 6 – 11:00am

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TERMS & CONDITIONS OF SALE
IMPORTANT PLEASE READ

All bids and offers to purchase shall be treated as offers made upon the following Conditions of Sale and all
persons attending the Sale or bidding at the Sale be deemed to have notice of such Conditions of Sale.

1. CONDITIONS OF ENTRY
1.1 No horse will be accepted for entry in the sales or race series unless such horse has been foaled in

Australia and properly registered with a relevant State Controlling Board or Authority.
2. CONDUCT OF SALE
2.1 APG may appoint a person or persons as auctioneers to carry on sales under these terms and conditions

and that person or persons must carry out the functions set out in these terms and conditions and holds
the authority which is contained in this document.
2.2 All auctions shall be conducted as Reserved Sales and will be subject to the following conditions:
(a) Subject to any reserve price, the highest bidder shall be the purchaser;
(b) Reserve cards are mandatory. The Vendor must advise the Auctioneer in writing of the reserve price

for each Lot before the Lot is offered for Sale. Where no reserve card is provided the Vendor or his
representative must attend the Auctioneer’s rostrum to advise the Auctioneer and will be required
to sign a reserve card before leaving the rostrum if the Lot is passed in. In the absence of a reserve
card, a Vendor or a Vendor’s representative in the Auctioneer’s rostrum at the time that the Lot is
offered for Sale, then the Lot shall be sold to the highest bidder and the Vendor shall pay the full
commission and any other amounts payable.
(c) The vendor shall have the right to bid personally or through an agent during the sale of each
respective lot. However, the vendor shall not enter a bid either personally, or through an
agent/associate, at a price equal to or above the vendor’s nominated reserve (unless the vendor is
only a part-owner of the horse and is bidding with the sole intention of buying out the other
owner(s)).
(d) Subject to any statutory requirements, the auctioneer shall have the right to bid as agent of the
vendor on any lot on which a reserve price has been placed up to that reserve price;
(e) The auctioneer may determine an upset price for each lot, and if no bid at or above the upset price is
received within 30 seconds of the lot entering the sales ring, the auctioneer may pass in the lot;
(f) The option of the last bidder to buy a passed in lot at the reserve price must be exercised within 60
seconds of the horse having been passed in by proceeding directly to the back of the auction box and
notifying the auctioneer’s assistant;
(g) If a bid is disputed, or there is any other problem in relation to the Sale, the auctioneer will be the
sole arbiter of the dispute, and may settle the dispute or problem on whatever terms the auctioneer
sees fit. The auctioneer’s decision shall be final and binding on all parties.
(h) A bid is not valid unless it is acknowledged by a bid spotter or the auctioneer. It is the responsibility
of the bidder to ensure any bid is so acknowledged and the failure by a bid spotter or the auctioneer
to acknowledge a bid does not, under any circumstances, constitute a dispute arising in respect of a
sale.
(i) Any auctioneer's announcements on the day of the sale which are announcements from the
auctioneer's stand will take precedence over:

i) These conditions of sale;
ii) Any statements in the sale catalogue; or
iii) Any other written or oral statement, particular or other representation previously published

or made
(j) The auctioneer shall have the right and absolute discretion to:

i) determine who is the Purchaser;

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ii) settle any dispute in such manner as the auctioneer thinks fit;
iii) withdraw any Lot before or during the Sale without being required to provide a reason for the

withdrawal;
iv) advance the bidding as the auctioneer thinks fit;
v) exclude any person from the Sale venue; or
vi) refuse to acknowledge any bid without giving any reason therefore, and the Auctioneer's

decision shall be final and binding upon all persons;
vii) bid as an Agent on behalf of a principal.
(k) All sales are made at the final bid accepted by the Auctioneer in Australian currency dollars. (Any
other bids displayed on the indicator board are displayed as a guide only).
3. NOMINATION / CATALOGUING FEE
3.1 APG’s nomination / cataloguing fee is $495 per entry. However, all Melbourne or Sydney Sale vendors, as
well as all trotting vendors (regardless of which sale they are nominated for) will receive a full credit of
their $495 nomination / cataloguing fee if:
(a) the sales entry nomination is received by APG prior to 5pm on 16 August 2021; and
(b) the horse is subsequently presented for sale by auction at the 2022 Neds APG Yearling Sales.
3.2 An additional administration fee of $55 per entry applies to any entries that are not submitted via APG’s
Online Entry System which can be accessed via the APG website at www.apgold.com.au
3.3 Entries close on 16 August 2021. Late entries may be accepted at the discretion of APG, however, late
entries will not be eligible for the credit of their nomination / cataloguing fees set out in Condition 3.1
(above), nor will late entries be eligible for the $200,000 of vendor bonuses available to the vendors of
horses that qualify for the $500,000 Neds APG 2yo Gold Bullion Finals (Vendor Bonuses are detailed in
Condition 12.2 of APG’s Series 33 Race Series Terms & Conditions).
4. UPSET PRICE: $4,000 (This is the minimum opening bid that will be accepted by the Auctioneers)
5. COMMISSION – PACING BRED HORSES
5.1 The commission payable by the Vendor to the Auctioneer in respect of the sale price of each pacing bred
yearling sold will be 10% plus GST, whether by auction or privately within 14 days after the Sale is held or
advertised to be held (subject to a minimum Commission payment of $440).
5.2 With respect to passed in lots:
(a) If the Vendor elects to sustain the lot to keep it eligible for APG’s Race Series, an offering fee of

10% of the reserve price (plus GST) will be payable on the lot. APG will waive the sales day
sustaining fee of $770 for all vendors that elect to sustain a passed in lot, regardless of the
reserve price.

Example: If the vendor of a horse that was passed in with a reserve of $40,000 wished to sustain
the horse, that vendor would need to pay $4,400 commission. APG would waive the sales day
sustaining fee of $770.

(b) If the Vendor elects not to sustain the lot to keep it eligible for APG’s Race Series, an offering fee
of 5% of the reserve price (plus GST) will be payable on the lot (subject to minimum Commission
payment of $220).

6. COMMISSION – TROTTING BRED HORSES
6.1 The commission payable by the Vendor to the Auctioneer in respect of the sale price of each trotting bred

yearling sold will be 8% plus GST, whether by auction or privately within 14 days after the Sale is held or
advertised to be held (subject to a minimum Commission payment of $352).
6.2 With respect to passed in lots:
(a) If the Vendor elects to sustain the lot to keep it eligible for the Neds APG Trotting Race Series, an

offering fee of 8% of the reserve price (plus GST) will be payable on the lot (subject to a minimum
Commission payment of $352). In addition, the vendor will also be liable for payment of the series
payment (refer clause 3.5 of APG’s Series 33 Race Series Terms & Conditions).
(b) If the Vendor does not elect to sustain the lot to keep it eligible for the Neds APG Trotting Race
Series, an offering fee of 4% of the reserve price (plus GST) will be payable (subject to minimum
Commission payment of $176).

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7. OUTSIDE SALES
7.1 A lot entered for sale at the auction may be sold outside the auction only in accordance with the

following provisions:
(a) No lot shall be sold privately prior to auction without the prior written consent of APG. Any lots sold

prior to auction are ineligible to sustain for APG’s Race Series;
(b) In the event of any prior sale, APG shall be entitled to a commission as if the lot were sold under the

hammer, and the vendor shall provide APG with full details of any such sale;
(c) Any lot passed in at auction shall, unless APG waives this condition, remain on sale at the reserve

price for a period of 14 days. APG shall be entitled to commission on any sales as though the lot was
sold under the hammer.
(d) Any person wishing to make an offer on a passed in lot should contact APG, who will then make the
offer to the vendor.
(e) A vendor shall not refuse an offer that meets the vendor’s official reserve (as notified to APG in
writing on sales day) except in the instance where the offeror is refused credit by APG and a suitable
payment arrangement cannot be reached with the vendor.
(f) In the event that a Vendor receives an offer directly from a potential purchaser (i.e. the potential
purchaser makes the offer directly to the vendor, instead of submitting the offer to APG), the vendor
shall immediately inform APG of their willingness to accept any such offer. The sale may only be
finalised once the purchaser has been approved by APG.
(g) If an offer is accepted, the purchaser shall also have the option of sustaining the lot for the APG Race
Series, provided that the purchaser immediately notifies APG of their intention to sustain, and
provided that the sale takes place within 14 days of the auction date when the lot was originally
passed in.
8. VENDOR'S WARRANTIES AND OBLIGATIONS
8.1 The Vendor shall be responsible for the accuracy of any statement, description or particular relating to
the horse contained in the Sale Catalogue and shall notify the Selling Agent or Auctioneer of any error,
omission or inaccuracy prior to the Sale of the particular Lot.
8.2 The vendor warrants that the vendor has the right to sell the Lot and can give good title to the Lot and in
the case where there is more than one owner of the Lot, has the authority of every owner to sell the Lot;
8.3 The Vendor shall, before the Sale, provide each horse with a proper and secure headstall which shall
remain the property of the Vendor. No horse shall be permitted to enter the Sale Ring unless equipped
with such headstall and a rearing bit.
8.4 Upon delivery of the horse to the buyer the Selling Agent shall, at the cost of the Vendor, provide the
horse with a suitable headstall which shall remain the property of the buyer.
8.5 The Vendor guarantees that any horse offered for sale:
(a) will not be in foal unless so stated in the Sale Catalogue or by the Auctioneer prior to the Auction of
that particular lot;
(b) is correctly sexed; and
(c) the horse's identity is genuine.
8.6 Each horse shall be at the Vendor's risk as to damage or injury whether by disease, accident or otherwise
from the time of delivery to the Selling Agent until the horse has been sold when the risk shall pass to the
buyer.
8.7 The Vendor warrants that:
(a) The horse is not broken to gait (pacer) and is generally only educated to be handled;
(b) Full, complete and accurate disclosure has been made by the Vendor to the Auctioneer as to
whether the horse has undergone:

i) invasive joint surgery (as defined as if there has been an arthroscope used to assess or treat a
joint or a surgical manipulation of the joint has been performed including insertion of a needle
to inject beneath the cartilage into a cyst);

ii) surgery to repair a fracture;
iii) abdominal surgery of any type (with the exception of the surgical repair of a non-

strangulating umbilical hernia)
iv) surgical intervention of the upper respiratory tract;

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v) any other surgical procedure that may, in the opinion of a sophisticated purchaser, acting
reasonably, affect the suitability of racing of the Lot

Any requisite disclosures must be made by the Vendor to the Auctioneer within 72 hours of the
disclosable surgical procedure taking place.
(c) Full, complete and accurate disclosure has been made by the Vendor to the Auctioneer as to
whether the horse has undergone any radiographic procedures that have identified the presence of
Osteochondritis Dissecans;
(d) the horse is not suffering from founder; and
(e) the horse has never been de-nerved.
8.8 The vendor shall, at the Auctioneer’s request, provide the Auctioneer with full details of all licensed
veterinarians whose services the Vendor has engaged during the previous 24 months and irrevocably
authorises those veterinarians to provide full disclosure to APG of any procedures that those
veterinarians may have performed on any Lot that would fall within the scope of Condition 8.7.
8.9 In the event of a breach by the vendor of any of the warranties in condition 8.7, the purchaser may elect
to cancel the sale by notice in writing to the Auctioneer within 28 days of the date of the sale and will be
entitled to the return in full of the purchase price if paid and acknowledges that it shall have no other
claims against the Auctioneer or vendor.
8.10 In the case of a return of the horse to the Vendor, as in the preceding condition, the Vendor shall be
responsible for and shall pay all proper expenses incurred by the Selling Agent and the buyer for the care,
feeding and transport of the horse from the fall of the hammer until its return to the Vendor.
8.11 If the vendor agrees to extend any credit terms to the purchaser, then APG shall be under no obligation
to the vendor as to collection and payment of the purchase price. In any such case the vendor shall
remain fully responsible for the due payment to APG of the commission and all other moneys owing to
APG in connection with the auction and sale of the lot, whether or not the vendor is paid by the
purchaser.
8.12 Any arrangements under clause 8.9 must be in writing and executed by the vendor, purchaser and APG.
8.13 Transfer Forms for each horse must be furnished to the Selling Agent by the Vendor fully executed for
transfer before the commencement of each individual sale. The Selling Agent may withhold from the
Vendor settlement of the proceeds of Sale until the Transfer Form has been so delivered to the Selling
Agent.
8.14 The Vendor shall closely clip the area of the horse's freeze brand to enable the horse's brand to be easily
read by the Inspecting Official or any other person.
9. RISK AND EXPENSE
9.1 Upon the fall of the hammer each Lot shall be at the risk and expense in all respects of the Purchaser and
the Purchaser shall indemnify the Auctioneer in respect of and pay to the Auctioneer on demand all
losses, damages, costs and expenses incurred or suffered by the Auctioneer in respect of the Lot while
the Lot is at the Purchaser's risk and expense. In particular, the Purchaser will be liable for livery,
agistment and transport charges of Lots not removed on the day of the Sale and they may be moved to
alternate stables or agistment at the Auctioneer's discretion. Payment of Lots shall not be regarded as
made until such charges have been paid.
9.2 Prior to the fall of the hammer each Lot shall be at the risk and expense in all respects of the Vendor, and
the Vendor shall indemnify the Auctioneer in respect of and pay to the Auctioneer on demand all losses,
damages, costs and expenses incurred or suffered by the Auctioneer in respect of the Lot while the Lot is
at the Vendor's risk and expense.
9.3 Notwithstanding any other provisions hereof, the Auctioneer shall not be liable for any damage, loss or
injury occurring to any Lot or to any person or property caused by any Lot, whether caused by disease,
accident, the negligence of the Auctioneer or otherwise and whether the Lot shall be in the custody,
control or possession of the Auctioneer or otherwise.
9.4 The Auctioneer may upon receipt of written instruction to do so, or where the Auctioneer in its absolute
discretion considers it desirable to do so, make arrangements on the Purchaser's or Vendor's behalf of
the stabling, feeding, transportation or general attendance to Lots while at the Sale's venue, provided
that the Auctioneer accepts no responsibility for any act or omission whether negligent or otherwise in
respect of the stabling, feeding, transportation or general attendance of the Lot.

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9.5 Any Lot not sold, or in respect of which any Sale is subsequently terminated, shall remain at or revert to
the risk and expense in all respects of the Vendor who shall arrange for the removal of the Lot
immediately following the Sale.

10. INSPECTION AND EXAMINATION
10.1 All Lots may be inspected at reasonable times prior to Sale. Prior to Sale, a prospective Purchaser may

arrange for a veterinary examination of a Lot with the Vendor. Such examination shall be carried out in
the privacy of a stable and may not be carried out in the Sale Ring or within the public view. The cost of
this examination shall be paid by the prospective Purchaser, solely to whom the veterinarian should make
his report. The Auctioneer or Vendor may refuse examination.
10.2 Subject to Condition 19, the Purchaser assumes all consequences and risk arising from failure to carry out
an inspection or to seek an examination of a Lot.
10.3 The Directors of APG have the right to refuse entry to any yearling deemed to be inadequately prepared
for sale
10.4 The Directors of APG have the right to refuse entry to the Sale Ring any person parading a yearling who is
deemed to be unprofessionally or inadequately attired. In such circumstance APG will provide a person to
parade the yearling and pass the cost on to the Vendor.
11. PURCHASE AND PAYMENT
11.1 On the fall of the hammer the Purchaser shall give his Bidder Registration Number, name and address and
the name and address of the principal for whom he bids (if applicable) to the Auctioneer and shall
immediately complete, sign and hand to the Auctioneer an acknowledgement of his purchase in such
form as shall be required by the Auctioneer and provide to the Auctioneer any such other information in
respect of the purchase as the Auctioneer may reasonably require.
11.2 The Purchaser shall sign on the fall of the hammer their intent to sustain the horse in the APG Race
Series.
11.3 If the Purchaser fails to comply with the requirements of Condition 12.1, then the Auctioneer may elect
to declare the Purchaser in default and cancel the Sale and re-sell the Lot. If, on resale of the Lot, a lower
price is obtained, the difference in price plus any expenses of the resale shall be a debt owing by the
Purchaser to the Vendor payable on demand, with interest to be applied at the rate of 15% per annum
calculated daily in arrears from the date of resale until payment.
11.4 Subject to Condition 14, the full purchase price shall be due and payable to the Auctioneer in Australian
currency within one hour of purchase or within such other period of time as the Auctioneer in its
absolute discretion may agree, time being of the essence, notwithstanding that delivery may not have
been made.
11.5 The Auctioneer may in its absolute discretion reject payment otherwise than in cash.
11.6 If the purchase price or any part is not paid in accordance with condition 12.3, the purchaser is liable to
pay interest on the outstanding balance at the rate of 15% per annum calculated daily in arrears from the
date of sale up to and including the date of payment.
11.7 The Purchaser shall pay to the Auctioneer on demand all collection costs and expenses (including legal
costs) incurred in recovering any payment from the Purchaser.
11.8 Where a Purchaser purchases two or more lots at the sale, the Auctioneer may, in the absence of written
directions from the purchaser directing that any monies received for purchases at the sale be directed to
a specific lot, allocate such payment as it sees fit and may allocate these monies in relation to the
purchase price of any such lot or lots, in the Auctioneer's absolute discretion.
12. DEFAULT BY PURCHASER
12.1 In the event that the Purchaser breaches any of these conditions and fails to remedy such breach within
reasonable time after receiving written notice from the Vendor or Auctioneer requiring such breach to be
remedied, or all monies payable by the Purchaser to the Auctioneer pursuant to these Conditions shall
not have been paid and liquidated by the due date for payment thereof, or where the Auctioneer has, in
its discretion, agreed to an extension of the date for payment (in which event time shall be of the essence
in respect of such extended date) and the same shall not have been paid and liquidated by such extended
date, the Auctioneer or the Vendor may at any time without prejudice to any other rights or remedies
which the Auctioneer or Vendor may have at law or in equity and without notice to the Purchaser:-
(a) terminate the Sale of the Lot; and/or

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(b) immediately retake possession of the Lot and for that purpose the Purchaser hereby irrevocably
grants to the Auctioneer and/or Vendor full leave and licence to enter into or upon any premises
controlled by the Purchaser upon which the Lot may be or may reasonably be believed to be situated
and to use any reasonable force as may be necessary for the purpose of repossessing the Lot, or as
agent of the Purchaser to enter upon any other premises upon which the Vendor may enter for the
purpose or repossessing the Lot, without notice to the Purchaser and without liability to the
Purchaser or any person claiming under the Purchaser; and/or

(c) resell the Lot by auction or private Sale at the risk and expense of the Purchaser and if upon such
resale a lower price is obtained than that for which the Purchaser had agreed to buy the Lot, the
Auctioneer or Vendor may recover the difference from the Purchaser as a debt due on demand
together with interest from the date of Sale to the date of payment; and/or

(d) exercise such other rights and remedies as the Vendor or Auctioneer may have against the Purchaser
in respect of the Purchaser’s default including, without limitation, recovering from the Purchaser all
costs and expenses incurred in repossessing or attempting to repossess the Lot together with
interest thereon and recovering from the Purchaser any expense of Sale, re-Sale, livery, agistment
and Auctioneer commission so incurred; and/or

(e) retain any deposit or part payment to the extent of twenty-five percent (25%) of the purchase price
for the benefit of the Vendor.

12.2 Alternatively, the vendor, or if APG has already accounted to the vendor for the purchase price then APG,
may elect to affirm the sale and sue the initial purchaser for the purchase price and interest and other
moneys payable by the initial purchaser under the conditions of sale, or such part or parts of such
moneys as may be outstanding at any time.

12.3 The Purchaser authorises APG to disclose information relating to the Purchaser’s creditworthiness or
default in payment to a credit reporting agency if:
(a) the Purchaser is in arrears in making payments relating to credit provided;
(b) sixty (60) days have elapsed since the day on which payment was due and payable by the Purchaser;
and
(c) the Auctioneer has sent written notice to the last known address of the Purchaser advising the
Purchaser of the overdue payment and requesting payment of the amount outstanding.

13. CREDIT ARRANGEMENTS
13.1 Purchasers who require credit should make application to APG no later than seven (7) days before the

Sale.
13.2 Purchasers who enter into credit arrangements with APG will be charged interest at a rate of 15% from

the due date of payment if they default on said credit arrangement.
13.3 Purchasers that are granted credit terms greater than seven (7) days agree that they shall sustain any

credit purchases that they make for the APG Race Series (by choosing either the sales day sustaining
option or the series sustaining option) and shall continue to keep the horse sustained by agreeing to pay
any further sustaining charges that may fall due until the purchaser’s account (including all horses,
sustaining fees and other charges) is paid in full.
13.4 For any purchaser that defaults on their credit arrangements, APG reserves the right to take all or any
action for enforcement thereof available to it, including those listed in Condition 13 as well as seeking to
have the purchaser placed on the Unpaid Forfeits list with the appropriate Harness Racing Authority.
14. DELIVERY
14.1 The Auctioneer need not deliver any Lot to the Purchaser until:
(a) the Auctioneer shall have received from the Purchaser full payment of all monies payable by the

Purchaser to the Auctioneer pursuant to these Conditions (including the purchase price for the Lot,
unless the Auctioneer is satisfied that a prior credit or terms agreement in writing has been made
with the Auctioneer or Vendor)or any other agreement, oral or written, entered into between the
Auctioneer or Vendor and the Purchaser, and until all bills or exchange tendered in payment have
been honoured;
(b) the Purchaser shall have completed signed and delivered to the Auctioneer a delivery slip in the form
required by the Auctioneer;

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(c) the Purchaser shall have complied to the satisfaction of the Auctioneer, with all his other obligations
in respect of insurance of the Lot pursuant to Condition 14;

(d) where the Purchaser requires the Lot to be delivered to his agent, the Auctioneer has received a
written direction from the Purchaser directing the Auctioneer to deliver the Lot to such Agent
providing that nothing in this Condition shall oblige the Auctioneer to obtain such written authority
from an Agent prior to delivering any Lot to such Agent; and

14.2 The Purchaser shall remove his Lot from the Sale venue within twenty-four (24) hours of the Purchaser
receiving delivery of the Lot. The Purchaser shall ensure that the Auctioneer has checked and confirmed
the identity of the Lot prior to its removal.

15. INSURANCE
15.1 Where the Auctioneer agrees to deliver any Lot to the Purchaser prior to the Auctioneer receiving from

the Purchaser the full purchase price for the Lot, or on the basis of any credit or terms agreement made
between the Auctioneer and the Purchaser or the Vendor and the Purchaser whether before or after the
Sale, the Purchaser shall effect and maintain until such time as the Auctioneer shall have received all
monies payable in respect of the Lot or repayable by the Purchaser pursuant to any credit agreement
entered into in respect of the purchase of the Lot, at the Purchaser's cost and expense, insurance
satisfactory to the Auctioneer in respect of the damage, injury or death of the Lot from any cause
whatsoever and shall ensure that the policy of insurance bears an endorsement as may, in the opinion of
the Auctioneer, be necessary to transfer to the Auctioneer and/or the Vendor all the Purchaser's interest
under such insurance absolutely.
15.2 In the event that the Purchaser fails to produce evidence to the Auctioneer within one hour of purchase
that he has met his insurance obligations pursuant to Clause 14.1, the Purchaser authorises the
Auctioneer to enter into such a policy of insurance on the Purchaser’s behalf and the Purchaser shall
indemnify the Auctioneer in respect of and pay to the Auctioneer on demand all costs incurred by the
Auctioneer in respect of the policy of insurance. Payment of Lots shall not be regarded as made until such
charges have been paid.
15.3 Nothing in Clause 16.2 seeks to impose an obligation on the Auctioneer to obtain a policy of insurance on
the vendor’s behalf. Any decision to obtain such a policy of insurance will be at the discretion of the
Auctioneer, and the Purchaser acknowledges that the Auctioneer has no liability whatsoever in the event
that the Auctioneer does not obtain a policy of insurance in respect to a particular Lot.
16. TITLE OF LOTS
16.1 Notwithstanding any express or implied provisions hereof to the contrary and notwithstanding that
delivery of any Lot may have been or possession obtained, title in a Lot shall not pass to the Purchaser
until all monies payable by the Purchaser to the Auctioneer pursuant to these Conditions of Sale in
respect of all Lots purchased by the Purchaser shall have been received by the Auctioneer and all bills of
exchange tendered in payment of such monies have been honoured.
16.2 Where delivery of any Lot is made to the Purchaser prior to title in the Lot passing to the Purchaser
pursuant to these Conditions of Sale, the Purchaser shall hold the Lot as bail only and shall not deal with
the Lot in any manner inconsistent with the reasonable directions which may be given from time to time
by the Vendor and/or the Auctioneer.
16.3 Until title of the horse has passed to the Purchaser, the Purchaser shall not exercise or purport to exercise
any rights of ownership or possession including, without limitation, registering or racing the horse.
16.4 Purchasers are reminded of their obligations under Australian Harness Racing Rule 111 requiring them to
lodge transfer forms with the relevant Racing Authority or Governing Body within 7 days of receiving such
transfer forms from APG.
17. RIGHTS AND LIABILITIES OF AUCTIONEER
17.1 The Auctioneer is selling any Lot at the Sale as agent for the Vendor whose name and address is disclosed
in the Sales catalogue in respect of the Lot. Further, particulars of the Vendor of any Lot shall be furnished
by the Auctioneer immediately upon request. Except, as otherwise expressly provided to the contrary,
the Auctioneer has no liability or rights as principal in the capacity of a Vendor.
17.2 In the event of any dispute including without limitation, as to defects in title, misdescription, pedigree,
condition or otherwise, the Purchaser and the Vendor shall settle the matter between themselves and

8 AUSTRALIAN PACING GOLD

the Purchaser shall have no rights against nor return any Lot to the Auctioneer which acts in respect of
the Sale merely as agent for the disclosed Vendor.
17.3 Notwithstanding any representation or action by the Auctioneer which may indicate the contrary, the
Auctioneer shall be under no liability to the Vendor in respect of the Purchaser's failure to complete his
purchase in accordance with these Conditions of Sale.
17.4 If the Auctioneer accounts to the Vendor for the purchase price or the balance of the purchase price
owed to the Vendor less any monies owed by the Vendor to the Auctioneer, before the purchase price
and other amounts payable by the Purchaser have been paid, title to the Lot shall thereupon pass to the
Auctioneer, and the Auctioneer shall have the right and remedies under these Conditions as if it were the
Vendor.
17.5 The description of all Lots has been provided by the Vendors, and the Auctioneer shall not be liable or
responsible for any error whatsoever in the description of the Lot.
17.6 The rights and remedies of the Auctioneer under these Conditions shall not be affected by reason of the
selling commission and charges of the Auctioneer having been deducted by the Auctioneer from any
payment made by the Auctioneer to the Vendor. As between the Purchaser and the Auctioneer, the
Purchaser waives all rights of set off, if any, the Purchaser may have against the Vendors between the
Purchaser and the Vendor.
17.7 The Auctioneer or its servants may sign the Sale Book or any Memorandum of Sale on behalf of either
the Vendor or the Purchaser or both.
17.8 The Auctioneer reserves all rights to use or publish details of biddings, the identity of the Vendor and the
Purchaser and all matters related to the sale of any Lot as it thinks fit.
17.9 The Selling Agent shall pay to the Vendor the net proceeds of Sale upon the expiration of thirty (30) days
following the date of Sale, provided always that APG does not need to pay the vendor until:-
(a) APG is satisfied that it will receive payment of the purchase price from the purchaser;
(b) delivery of the horse has been taken by the Purchaser;
(c) all registration documents have been completed, signed and delivered to APG; and
(d) transfer of ownership has been fully effected.
17.10 Prior to paying the proceeds of sale to the vendor, APG may deduct all of its fees as set out on the in
these terms & conditions or as otherwise agreed in writing.
18. CONDITIONS AND WARRANTIES
18.1 Other than for any express conditions, warranties or representations included herein, or as may be
implied by Federal or State legislation (including the Trade Practices Act 1974 {Cwth}) and which may be
excluded by agreement:
(a) all conditions, warranties and representations in respect of a Lot or a Sale are hereby excluded;
(b) no condition, warranty or representation is given or implied or any be inferred from any affirmation

made at or before the Sale or any of the circumstances of the Sale; and
(c) the Purchaser acknowledges that, in making any purchase, he is relying solely on his own enquiries

and inspection, and that he has not relied or been induced by any statement or representation made
by the Vendor or the Auctioneer or by any person purporting to act on their behalf and, subject to
these conditions, the Purchaser shall take the Lot in its present condition and subject to all defects,
faults, imperfections and the like, if any, whether latent or patent.
19. WINDSUCKERS, WOBBLERS AND IMPAIRED VISION
19.1 For the purpose of this Condition: "Windsucker" shall mean a Lot which suffers from the vice of noisily
drawing in and swallowing air through its mouth; "Wobbler" shall mean a Lot which stands or moves
unsteadily or with uncertain direction; "Impaired Vision" refers to impaired sight in one or both eyes.
19.2 Should any Lot be a Windsucker or Wobbler or to the knowledge of the Vendor have shown any
symptoms of being so, the Vendor shall disclose such fact to the Auctioneer to enable the Auctioneer to
disclose such fact to prospective bidders. Any horse that has impaired vision will NOT knowingly be
offered for Sale.
19.3 In the event that any Lot proves within seven (7) days after the Sale to be a Windsucker or Wobbler or to
have been sold with impaired vision:

AUSTRALIAN PACING GOLD 9

(a) the Purchaser produces to the Auctioneer or Vendor prior written certification obtained at the cost
of the Purchaser that the Lot is a Windsucker, Wobbler or has impaired vision, as the case may be,
signed by an independent Veterinarian nominated by the Auctioneer; and

(b) the Auctioneer or Vendor did not disclose at the Sale that the Lot was or showed symptoms of being
a Windsucker, Wobbler or having impaired vision, as the case may be,

the Purchaser may terminate his purchase of the Lot by giving the Auctioneer written notice of
termination within seven (7) days after the date of Sale provided that the Purchaser shall upon
termination at his own cost and expense, return the Lot to the address of the Vendor specified in the
Sales catalogue. The decision of the independent Veterinarian nominated by the Auctioneer as to
whether any Lot is a Windsucker, Wobbler or has impaired vision, shall be final and binding on all parties.
19.4 Where the Purchaser terminates his purchase and returns the Lot to the Vendor pursuant to Condition
20.3, he shall be entitled to a refund from the Vendor of all purchase monies paid in respect of the Lot
and upon receiving same shall have no further claim against the Auctioneer or Vendor.
20. CRYPTORCHIDS (RIG)
20.1 Where any Lot is described in the Sales catalogue or by the Auctioneer or Vendor to be a ‘colt’ the
Purchaser shall not be entitled to make any objection and shall not have any claim against the Auctioneer
or Vendor if such Lot is an animal in which one or both testes have not descended into the scrotum from
the abdomen.
21. UPPER RESPIRATORY LARYNGOSCOPIC EVALUATION
21.1 Notwithstanding any other provision of these Conditions of Sale and notwithstanding any prior custom
and usage of the trade, horses which are sold in this Sale may be subject to a post-Sale upper respiratory
laryngoscopic evaluation (excluding the trachea) by a veterinary surgeon approved by the Auctioneer
obtained at the Purchaser’s expense within twenty-four (24) hours of the fall of the hammer.
21.2 If a veterinary surgeon, so approved, is of the opinion that the horse has any of the following conditions:
(a) laryngeal neuropathy (Grossly deficient abductor function of one or both Arytenoid cartilages –

Grades 4 and 5, Lane – Bain Fallon Proceedings 1993);
(b) rostral displacement of the palatopharyngeal arch;
(c) epiglottic entrapment;
(d) persistent dorsal displacement of the soft palate;
(e) arytenoid chondritis or chondroma;
(f) subepiglottic cyst(s);
(g) cleft palate; or
(h) any airway condition or lesion causing significant airway obstruction resulting in exercise intolerance,
and this/these condition(s) have not been announced prior to the horse being offered for Sale, then the
Purchaser may cancel the Sale by notice in writing to the Auctioneer within twenty-four (24) hours of the
fall of the hammer.
21.3 Any Purchaser who wishes to have a post Sale upper respiratory laryngoscopic evaluation, as above, is
advised that this examination must be conducted by the veterinary surgeon, so approved, prior to the
horse being removed from the Auctioneer's complex.
21.4 The Auctioneer reserves the right to obtain a confirmatory opinion by a panel of not more than three (3)
veterinary surgeons appointed by the Auctioneer at the Purchaser's expense, before a notice of
cancellation of Sale is accepted by the Auctioneer.

22. ANABOLIC ANDROGENIC STEROIDS
22.1 All yearlings nominated for the APG sales may be subject to drug testing carried out by the relevant

Harness Racing Authorities. Such testing may be carried out from birth through to sales day.
22.2 In the event that APG becomes aware that a yearling has tested positive to an anabolic androgenic

steroid prior to the APG Sales, the horse will be withdrawn from the APG Sales.
22.3 In the event that APG becomes aware post sale that a yearling has tested positive to anabolic androgenic

steroids as a result of a test carried out by the relevant Harness Racing Authority either prior to the APG
Sales or at the APG Sales, the Purchaser may terminate his purchase of the Lot by giving the Auctioneer
written notice of termination within seven (7) days of receiving written notification that the horse has
tested positive for an anabolic androgenic steroid.

10 AUSTRALIAN PACING GOLD

22.4 In the event that the Purchaser elects to terminate his purchase, the Purchaser shall upon termination at
his own cost and expense, return the Lot to the address of the Preparer or Vendor (as appropriate).

22.5 Where the Purchaser terminates his purchase and returns the Lot to the Vendor pursuant to Condition
23.3, he shall be entitled to a refund from the Vendor of all purchase monies paid in respect of the Lot
and upon receiving same shall have no further claim against the Auctioneer or Vendor.

23. OCCUPATIONAL HEALTH AND SAFETY
23.1 To the extent that a vendor or a purchaser or their employees or agents may conduct any activities on the

premises of the Sale Venue then that vendor or purchaser shall be responsible, to the exclusion of the
auctioneer, for establishing and observing appropriate occupational health and safety procedures, and for
complying with any relevant legislation provisions, in relation to those activities.
23.2 A vendor or purchaser conducting any activities on the premises of the Sale Venue does so at his own risk
in all respects and must indemnify the auctioneer in respect of any claims for personal injury or damage
to property which may be made against the auctioneer arising out of any such activities
24. ATTORNEY
24.1 The Vendor and the Purchaser for the purpose of enabling the Auctioneer to give full force and effect to
these Conditions, each irrevocably appoint the Auctioneer his true and lawful attorney, with full power in
his name or in the name of the Auctioneer to do all such things, to take all such action, to sign and
execute all such documents, and to give such instructions for the purpose of these Conditions as may be
necessary or in the Auctioneer's opinion desirable, and hereby agrees to ratify and affirm anything done
by the Auctioneer as such attorney.
25. INTERPRETATION
25.1 In these Conditions: "Auctioneer" means the selling Agent at each Sale and includes Australian Pacing
Gold Ltd (APG), its officers and agents. "Purchaser" means the person or corporation to whom any Lot is
sold as referred to in Condition 2. "Vendor" means the person or corporation on whose behalf any Lot is
sold by the Auctioneer and where more than one, shall mean each severally and any two or more jointly.
"Promoter" means a third party (if any), identified in the Sale catalogue or other documentation issued in
respect of the Sale as the promoter or sponsor of the Sale or of a closed race series or incentive race
series in association with which the Sale is conducted. "Series Race" means the closed race series or
incentive race series (if any) identified in the Sale catalogue or other documentation issued in respect of
the Sale. "Lot" or "horse" includes gelding, colt and filly. The expression "colt" includes rig or cryptorchid,
namely male animals in which one or both testes have not descended into the scrotum from the
abdomen, however, it is the responsibility of the Vendor to have the Auctioneer announce that the "colt"
is a rig or cryptorchid if that be so.
25.2 Where the Purchaser of any Lot comprises more than one person or corporation, these Conditions shall
bind each such person or corporation severally and any two or more of such persons or corporations
jointly.
25.3 Where any Lot is purchased by a person as an agent for a principal, whether disclosed or undisclosed,
such agent shall, without prejudice to the principal's obligations pursuant to these Conditions, be
personally bound to purchase the Lot for the price accepted by the Auctioneer upon these Conditions
and the term "Purchaser" shall be construed to mean each of the agent and the principal severally and
both the agent and the principal jointly

AUSTRALIAN PACING GOLD 11

TERMS & CONDITIONS OF RACE SERIES
IMPORTANT PLEASE READ

NEDS AUSTRALIAN PACING GOLD
SERIES THIRTY-THREE RACE SERIES

OPEN TO ANY HORSE PRESENTED FOR SALE AT THE NEDS APG YEARLING SALES, OR NOMINATED AS A NEDS
APG NON-SALE ENTRY, SUBJECT TO THE HORSE HAVING BEEN FOALED IN AUSTRALIA ONLY AND SUBJECT
TO BOTH APG’s TERMS & CONDITIONS AND COMPLIANCE WITH AUSTRALIAN HARNESS RACING COUNCIL
FUTURITY RACE RULES

(a) Western Australia
(b) Queensland
(c) NSW/Victoria

Any fully sustained Neds APG Graduate is eligible to contest a Neds APG Gold Bullion Series in the REGION
of choice, subject to Conditions 6.2 and 6.3 below.

1.0 CONDITIONS OF ENTRY

1.1. Each REGION-based race series conducted as part of the Neds Australian Pacing Gold Series Thirty-
Three Race Series shall be conducted as a series of heats and finals: one division being for colts and
geldings and one being for fillies which were foaled in Australia only and properly registered with
a relevant State Controlling Board or Authority. Note: Because heats for the NSW/Victoria
REGION will be held at TWO venues (Melton and Menangle), there will also be consolations at each
venue.

2.0 OVERVIEW & VENUES

2.1. Each REGION shall conduct their own stand-alone Neds APG Gold Bullion Race Series for fully
sustained 2yo and 3yo horses, consisting of a single round of heats leading into finals. Heats and
finals shall be conducted at venues to be agreed between APG and each relevant State, but shall
typically be conducted at Albion Park, QLD; Gloucester Park, WA; Melton, VIC; and Menangle,
NSW.

2.2. Separate to the Gold Bullion Series, Albion Park Harness Racing Club (QLD) and Racing and Wagering
Western Australia (WA) shall each conduct their own “Sales Based” race series, exclusively restricted
to graduates of the Neds APG Gold Coast and Neds APG Perth Sales respectively. The terms &
conditions of the $150,000 2yo Albion Park Gold, the $100,000 2yo Perth Sales Classics and the
$50,000 3yo Perth Sales Classics are not set by APG, but are available by contacting the relevant body
conducting the race series.

3.0 TIMING

3.1. The Two-Year Old Neds APG Gold Bullion Races shall be conducted in the 2023 Racing Season and
the Three-Year Old Neds APG Gold Bullion Races in the 2024 Racing Season.

12 AUSTRALIAN PACING GOLD

3.2. APG’s Directors, in consultaion with the Controlling Bodies in the respective states reserve the right
to:

(a) change the date and location of any or all races if, in the opinion of the Directors, for any
reason it becomes impractical or undesirable to hold any of the races at the designated track
on the designated date; and/or

(b) vary the conditions of the Series should extraordinary circumstances occur, as in the case of
a force majeur or circumstances similar but not limited to the COVID-19 pandemic.

4.0 ELIGIBILITY AND ACCEPTANCE

4.1. Only horses foaled in Australia, and presented for sale in accordance with APG’s "Terms and
Conditions of Sale" at Sales approved by the Directors as "Australian Pacing Gold Sales", shall be
eligible to compete in either the:
a) Neds APG Gold Bullion Series subject to the conditions set out in 4.2-4.3 inclusive; or
b) Neds APG Trotting Series subject to the conditions set out in 4.4-4.5 inclusive.

4.2. Eligibility for the Neds APG Gold Bullion Series for pacers shall be maintained upon either:

Option One – One-off “Series” Payment:

(a) in the case of a sold lot, the purchaser making a commitment on the day of the sale to pay
to APG the “Series Payment” fee of $3,300 (including GST); or

(b) in the case of a passed in lot, the vendor making a commitment within 21 days of the sale
to pay to APG the “Series Payment” fee of $3,300 (including GST).

Payment of the above fees is due within 28 days of making the above commitments. Payment of
the above fees by the due date will make a horse fully eligible for the Two Year Old and Three Year
Old Gold Bullion Series. No further payments are necessary.

Option Two – Four Step Sustaining Schedule:

Purchasers (or vendors of passed in lots) may choose to keep their horses eligible for the Neds APG
Gold Bullion Series by making the following payments:

(a) A Sales Day Sustaining Payment of $770 (including GST) to be committed to in writing:

i. by the purchaser (in the case of a sold lot) within 7 days of the sale; or

ii. by the vendor (in the case of a passed in lot) within 21 days of the relevant auction
date

(b) A Second Sustaining Payment of $770 (including GST) due by 1 June, 2022.

(c) A Third Sustaining Payment of $770 (including GST) due by 1 September, 2022.

(d) A Fourth Sustaining Payment of $1,540 (including GST) due by 1 December 2022.

Any eligibility will remain with a horse, even if sold subsequently.

Failure to make any sustaining commitment required by the conditions constitutes an automatic
withdrawal from the event. Note: Where an owner provides a written commitment to sustain their
horse prior to the sustaiing deadline, but payment of the relevant fee is not received within 28
days following the relevant sustaining deadline, APG shall have the right to withdraw the horse
from the Neds APG Gold Bullion Series and cancel the sustaining fee.

4.3. In addition to 4.1 horses foaled in Australia only and properly registered with a relevant State
Controlling Board or Authority, nominated as Non Sale Entries with APG at a cost of $3,850 on or
before 23 January 2022 NOT presented for sale at an Australian Pacing Gold Sale, shall be eligible

AUSTRALIAN PACING GOLD 13

to compete in the Neds APG Gold Bullion Series, provided that the horse is NOT ENTERED OR
OFFERED as a yearling at any other Standardbred Sale, or any other auction which has horses for
sale, where such sale takes place after 31 December 2021. Eligibility shall be maintained on the
payment of all sustaining fees post the 2022 Sales as detailed above in Condition 4.2(b), (c) & (d).

4.4. Eligibility for the Neds APG Gold Bullion Series for trotters shall be maintained upon either:

(a) in the case of a sold lot, the purchaser making a commitment within 7 days of the sale to
pay to APG the “Series Payment” fee of $2,200 (including GST); or

(b) in the case of a passed in lot, the vendor making a commitment within 21 days of the
relevant auction date to pay to APG the “Series Payment” fee of $2,200 (including GST).

Failure to make any sustaining commitment required by the conditions constitutes an automatic
withdrawal from the event. Note: Where an owner provides a written commitment to sustain their
horse prior to the sustaining deadline, but payment of the relevant fee is not received within 28
days following the relevant sustaining deadline, APG shall have the right to withdraw the horse
from the Neds APG Trotting Race Series and cancel the sustaining fee.

4.5. In addition to 4.4 horses foaled in Australia only and properly registered with a relevant State
Controlling Board or Authority, nominated as Non Sale Entries with APG at a cost of $3,850 on or
before 23 January 2022 NOT presented for sale at an Australian Pacing Gold Sale, shall be eligible
to compete in the Neds APG Trotting Series, provided that the horse is NOT ENTERED OR OFFERED
as a yearling at any other Standardbred Sale, or any other auction which has horses for sale, where
such sale takes place after 31 December 2021. No further payments are required to maintain
eligibility.

5.0 LATE ENTRY

5.1. There shall be no provision for the late entry of horses or late notification of Sustaining in the
Neds APG Gold Bullion Series or Neds APG Trotting Series unless APG’s Board of Directors, in
consultaion with the relevant State Controlling bodies, determines it to be appropriate due to
exceptional circumstances.

6.0 REFUND OF FEES

6.1. Fees paid are non-refundable except that, should any circumstances prevent the running of the
Series (or part of the Series) and where such determination is made by the APG Board after 31st
December 2022, all fees paid for fully sustained horses only shall be refunded, less administrative
and promotional costs incurred

7.0 PACERS HEATS FOR APG GOLD BULLION SERIES RACES

7.1. The THREE REGIONS shall each conduct their own stand-alone Neds APG Gold Bullion Race Series
for 2yo and 3yo APG eligible horses, consisting of a single round of heats leading into finals.

7.2. Eligible horses may only contest a Neds APG Gold Bullion Race Series heat in a single REGION in
any given racing season.

7.3. Horses which satisfy the eligibility criteria in 4.1 to 4.3 are eligible to contest a heat of the Neds
APG Gold Bullion Series in either:

(a) The STATE where the horse was purchased (or presented for sale in the case of passed-in
lots); or

(b) The STATE in which the horse’s licensed trainer normally resides (the horse must have
been in that trainer’s care for a minimum of 42 days prior to acceptances, as evidenced by
the lodgment of a stable return); or

14 AUSTRALIAN PACING GOLD

(c) In the case of Non Sale Entries, the horse’s STATE of registration, unless:

i. The horse was foaled in a state that does not conduct APG heats (e.g. South
Australia and Tasmania) in which case the owner may nominate a STATE of their
choice in writing at the time of entry; or

ii. At the time of entry as a Non Sale Entry, the horse is located in a different STATE
to its state of registration, in which case the owner, at the time of nominating
their horse as a Non Sale Entry, may choose to nominate in writing the STATE
where the horse is located;

7.4. Trainers that wish to nominate for a Neds APG Gold Bullion Heat must nominate with their
relevant State racing authority in the same way that they would nominate for any normal race.

7.5. Any horse which accepts for a Heat must have completed all Qualifying Standards set by the
respective Controlling Board or Authority of the State in which it will contest said Heat (e.g. NSW
horses will need to have had at least one start prior to contesting a Neds APG Gold Bullion Heat
in NSW).

7.6. All horses that are nominated for a heat and which satisfy the eligibility requirements set . in
Conditions 7.3 and 7.5 will be guaranteed a start.

7.7. The field size for all Gold Bullion races shall be limited to the lesser of (10) starters plus
emergencies, or whatever maximum field size is permitted by the Controlling Board or Authority
in the relevant State.

7.8. The number of Heats in each REGION will be determined by the number of Acceptors, subject to
the proviso that a minimum number of six (6) horses will be required to constitute a Heat.

7.9. If there are sufficient nominations for two or more heats in any Division in a particular REGION,
the top eight seeds (or nine seeds if there are sufficient nominations for three heats) based on
prizemoney earned that season will be split evenly between the heats on a random basis, with
the exception that Horses owned in the same interests or trained by the same Trainer will be
separated, if possible. The remaining runners will be randomly allocated between the heats,
subject to 7.12.

7.10. Random Barrier Draws apply for all races in the Series.

7.11. Horses owned in the same interests or trained by the same Trainer will be separated, if possible.

7.12. In the event that APG receives less than six (6) nominations for a particular division of a particular
REGION’s Gold Bullion Series, APG’s Board reserves the right to cancel the Series for the relevant
Division in the relevant REGION and implement an alternative arrangement (at the Board’s
discretion) to cater for the affected horses.

Eligibility Examples:

Example 1:

A QLD buyer purchases a yearling from APG’s Sydney Sale and takes the horse back to QLD to be
trained.

When the APG heat dates are finalised, the schedule shows that QLD’s APG Gold Bullion 2yo
heats will be held, say, on 1 April, whilst NSW/Victoria’s APG Gold Bullion 2yo heats are
scheduled for some weeks later.

The owner & trainer elect to nominate for QLD’s APG Gold Bullion heats, rather than tackling
NSW/Victoria’s APG Gold Bullion Series.

AUSTRALIAN PACING GOLD 15

The horse goes on to compete in the QLD heat, but gallops and finishes last, and fails to qualify
for the final which is scheduled for the following week.

Under the above scenario, the trainer would NOT be entitled to nominate for NSW’s APG Gold
Bullion heats because the horse has already contested a heat of the QLD Series.

If, however, instead of galloping, the horse had been forced to scratch from QLD’s APG Gold
Bullion heat (e.g. due to illness), it would not be regarded as having “contested a heat” and
would therefore remain eligible to nominate for a NSW Gold Bullion heat.

Example 2:

A QLD owner enters their yearling as a non-sale entry in October 2021 and nominates NSW as
their preferred STATE.

The owner subsequently arranges for the yearling to be trained in QLD, where it remains all the
way through until it comes time to nominate for the heats of APG’s Gold Bullion Series heats.

Based on the above facts, the horse is eligible to contest either a NSW Gold Bullion heat (because
that is the STATE specified when the Non Sale entry was originally lodged) or the QLD Gold
Bullion Series (because that is where the horse is trained).

Example 3:
A NSW buyer purchases a yearling from APG’s Melbourne Sale and takes it back to be trained in
NSW. After an extensive preparation, the trainer suggests to the owner that the horse may
struggle against the anticipated strong opposition in the NSW/Victoria REGION. The owner
transfers the horse to a QLD trainer 42 days before the QLD Gold Bullion series and thereby
becomes eligible to compete in the QLD Gold Bullion series.

8.0 QUALIFICATION FOR QLD AND WA REGION $50,000 2YO AND 3YO GOLD BULLION FINALS

8.1. Qualification for the relevant QLD or WA REGION Gold Bullion Finals shall be determined based
solely upon the results of each REGION’s heats.

8.2. Preference in field selection for the Final goes to the highest placed finishers in each REGION’s Gold
Bullion Heats.

8.3. In the event that a tie-breaker is required to determine priority between two or more horses that
finished in identical positions in their heats, preference will go to the horse that recorded the faster
personal heat time. If the horses recorded identical heat times, preference will go to the horse
with the higher season earnings. If season earnings are identical, preference will be decided by
way of a random ballot conducted by the relevant Controlling Board or Authority.

8.4. Trainers do not need to nominate for the finals – the finals field will automatically be drawn by the
relevant Controlling Body or Authority based on each horse’s finishing position in the heats.

8.5. The WINNERS of the WA and QLD REGION Finals also become eligible to contest the
NSW/Victoria Gold Bullion Final.

9.0 QUALIFICATION FOR NSW/VIC REGION $500,000 2YO AND 3YO GOLD BULLION FINALS

9.1. The WINNERS of the WA and QLD REGION Finals automatically qualify for the NSW/VIC REGION
Final subject to:

a) connections of the winning QLD or WA REGIION Finals notifying APG of their intention to
contest the NSW/VIC REGION Finals within 72 hours of winning their QLD or WA REGION
Final; and

16 AUSTRALIAN PACING GOLD

b) the trainers of the winning QLD or WA REGION Finals officially nominating their horse(s) for
the NSW/VIC REGION Gold Bullion Finals with the relevant State Controlling Body by no later
than 10:00am [AEDT] on the Friday of the week prior to the Finals.

9.2. Trainers of NSW or VIC heat runners do not need to nominate for the finals – the finals field will
automatically be drawn by the relevant Controlling Body or Authority based on each horse’s
finishing position in the heats.

9.3. Depending upon whether either or both of the winners of the QLD & WA REGION Finals elect to
nominate for the NSW/VIC REGION Finals, a total of eight (8), nine (9) or ten (10) spots, plus any
emergency positions, will remain available to be filled by NSW or VIC heat runners.

9.4. The first eight (8) remaining spots in each Final will go to the four (4) highest placed finishers from
the NSW heats and the four (4) highest placed finishers from the VIC heats. In the event that a tie-
breaker is required in a particular state (e.g. because either NSW or VIC held three heats),
preference will go to the horse that recorded the faster personal heat time. If the horses recorded
identical heat times, preference will go to the horse with the higher season earnings. If season
earnings are identical, preference will be decided by way of a random ballot conducted by the
relevant Controlling Board or Authority.

9.5. Any further remaining spots will alternate between the next highest ranked NSW heat runner and
the next highest ranked VIC heat runner, with preference in field selection going to horses from
whichever STATE had the greatest number of heat runners in the relevant division. If the number
of heat runners is identical, preference will be decided by random ballot to be conducted by the
relevant State Controlling Body.

Example:

In the 2yo Fillies division of the NSW/VIC REGION Gold Bullion Series, the QLD Gold Bullion Series
winner nominates for the final, whilst the WA Gold Bullion Series winner elects not to nominate.
This means that there are nine starting positions left for the final, plus two emergency positions.

In Victoria, three 2yo Fillies heats were run, whilst in NSW, only two heats were run.

The nine horses that will join the QLD Gold Bullion Series winner in the final are as follows:

(a) The four highest placed NSW horses go through to the final, being:

i. the two NSW heat winners; plus

ii. the two NSW second placegetters;

(b) The four highest placed VIC horses go through to the final, being:

i. the three VIC heat winners; plus

ii. the fastest VIC second placegetter;

(c) As Victoria had the greater number of heat runners in the above example, the fifth ranked
Victorian horse gains preference over the fifth ranked NSW horse. Accordingly, the last
remaining starting position in the final will go to the fifth highest ranked VIC horse, which in
this case is the second fastest second placegetter from the VIC heats;

(d) Any remaining positions will now alternate between NSW and VIC following on from the
above. Because the VIC horse gained preference for the ninth spot in the final, the fifth
highest ranked NSW horse will get the next spot (first emergency), which in this instance is
the fastest third placegetter from the heats

AUSTRALIAN PACING GOLD 17

(e) The next spot (second emergency) will go to the sixth ranked VIC horse, which in the above
example is the slowest second placegetter from the VIC heats.

10.0 QUALIFICATION FOR THE NSW/VIC REGION $30,000 2YO GOLD BULLION CONSOLATIONS

10.1. NSW and VIC shall each host a pair of 2yo Gold Bullion Consolation Finals for horses that contested
heats in either NSW or VIC but failed to qualify for the Finals.

10.2. Horses that qualify for the NSW/VIC 2yo Gold Bullion Finals may not elect to contest a Consolation
in preference to the Final.

10.3. Preference in field selection for the Consolations in each State goes to the highest placed finishers
in each of the NSW and VIC Gold Bullion Heats that failed to qualify for the Finals.

10.4. Horses may only contest a Consolation in the state where they contested their heat, unless:

(a) They are not ranked highly enough to qualify for the consolation final in the state where
they contested their heat; and

(b) There are still spaces available in the interstate Consolation after all heatrunners from the
interstate heats have had their opportunity to nominate for the Consolation.

10.5. In the event that a tie-breaker is required to determine priority between two or more horses that
finished in identical positions in their heats, preference will go to the horse that recorded the faster
personal heat time. If the horses recorded identical heat times, preference will go to the horse
with the higher season earnings. If season earnings are identical, preference will be decided by
way of a random ballot conducted by the relevant Controlling Board or Authority.

10.6. Trainers do not need to nominate for the consolation finals unless hoping to contest an interstate
Consolation pursuant to 9.4 – the finals field will automatically be drawn by the relevant
Controlling Body or Authority based on each horse’s finishing position in the heats.

11.0 DISTANCES OF HEATS AND FINALS

11.1. All races comprising the Gold Bullion Series shall be conducted over a distance of 1609 metres. If
not practical, the races shall be conducted over a distance as near as possible to 1609 metres, but
not less than 1609 metres.

12.0 RACE DATES

12.1. Race dates will be collectively agreed between APG and the respective States on a year-by-year
basis as and when the States meet to discuss their annual feature race calendars.

12.2. Race dates will be published on APG’s website as and when they become available, and the dates
for the various State Gold Bullion Finals will be published by the States in the National Feature Race
Calendar that is available for viewing on Harness Racing Australia’s website.

12.3. All race dates and venues are subject to change at the absolute discretion of Australian Pacing Gold
in conjunction with state controlling bodies.

13.0 PACERS VENUES & PRIZEMONEY

13.1. VENUES for GOLD BULLION FINALS

AGE GROUP NSW / VIC QLD WA
2yo Finals 2023 Menangle Albion Park Gloucester Park

3yo Finals 2024 Melton Albion Park Gloucester Park

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13.2. GOLD BULLION SERIES PRIZEMONEY & VENDOR BONUSES

All 2yo and 3yo heats shall be run for $10,000 in the relevant jurisdiction unless otherwise stated.

Finals for both the colts and fillies divisions in each REGION shall attract the prizemoney set out
below.

NSW/VIC 2YO FINALS NSW/VIC 2YO NSW/VIC 3YO FINALS
CONSOLATIONS

Place Owner Vendor* Place Owner Place Owner
1st $200,000 $10,000 1st $17,250 1st $75,000
2nd $75,000 $10,000 2nd $4,500 2nd $28,125
3rd $40,000 $10,000 3rd $3,000 3rd $15,000
4th $20,000 $10,000 4th $1,500 4th $7,500
5th $15,000 $10,000 5th 5th $5,625
6th $10,000 $10,000 6th $750 6th $3,750
7th $10,000 $10,000 7th $600 7th $3,750
8th $10,000 $10,000 8th $600 8th $3,750
9th $10,000 $10,000 9th $600 9th $3,750
10th $10,000 $10,000 10th $600 10th $3,750
Totals $400,000 $100,000 Totals $600 Totals $150,000
$30,000

* Vendor bonuses are only payable to the vendors of horses that were officially listed as “Sold” at the
Neds APG Yearling Sales. Non-Sale entries and horses that were officially listed as “Passed In” are
not eligible for vendor bonuses.

QLD & WA 2YO FINALS QLD & WA 3YO FINALS

Place Owner Place Owner
1st $30,000 1st $30,000
2nd $7,500 2nd $7,500
3rd $3,750 3rd $3,750
4th $2,250 4th $2,250
5th $1,500 5th $1,500
6th $1,000 6th $1,000
7th $1,000 7th $1,000
8th $1,000 8th $1,000
9th $1,000 9th $1,000
10th $1,000 10th $1,000
Totals $50,000 Totals $50,000

AUSTRALIAN PACING GOLD 19

13.3. $250,000 BONUS PRIZEMONEY

An additional $250,000 bonus prizemoney is available to the winner of either or both divisions of
the $500,000 Neds APG Gold Bullion Finals if the horse:

(a) is a graduate of the 2022 APG Sales; and

(b) wins its Neds APG Gold Bullion heat; and

(c) wins its division of the $500,000 Neds APG 2yo Gold Bullion Final; and

(d) in the case of a colt or gelding, beats the OFFICIAL benchmark time of 1:51.3 (or, if a faster
time was run in the heats, whatever that faster time may be); or

(e) in the case of a filly, beats the OFFICIAL benchmark time of 1:52.1 (or, if a faster time was
run in the heats, whatever that faster time may be).

The $250,000 bonus prizemoney shall be distributed in accordance with Harness Racing Australia’s
prizemoney guidelines, meaning that the distrubution will be in accordance with the National
Handicapping Rules.

The 2 x $250,000 bonus prizemoney amounts are only available to graduates that were presented
for sale at the APG Yearling Sales (regardless of whether they were sold or passed-in). Non Sale
entries are not eligible for the $250,000 of bonus prizemoney.

14.0 TROTTERS RACE SERIES FEATURING $125,000 MIXED SEX 2YO FINAL

14.1. The Neds APG Series 33 Race Series for 2yo Trotters is open to Australian born trotters:

(a) presented at the Neds APG 2022 Yearling Sales and in respect of which the sales day
sustaining fee (of $2,200) has been paid; or

(b) entered as Non-Sale entries (at a cost of $3,850) for the Neds APG Series 33 Race Series

14.2. Trainers that wish to nominate for a Neds APG 2yo Trotting Heat must nominate with their
relevant State racing authority in the same way that they would nominate for any normal race.

14.3. Any horse which accepts for a Heat must have completed all Qualifying Standards set by the
respective Controlling Board or Authority of the State in which it will contest said Heat (e.g. NSW
horses will need to have had at least one start prior to contesting a Neds APG Trotting Heat in
NSW).

14.4. All horses that are nominated for a heat and which satisfy the eligibility requirements set out in
Conditions 14.1 and 14.3 will be guaranteed a start.

14.5. The field size for all Neds APG Trotting races shall be limited to the lesser of (10) starters plus
emergencies, or whatever maximum field size is permitted by the Controlling Board or Authority
in the relevant State.

14.6. The number of Heats in each STATE (NSW & VIC) will be determined by the number of Acceptors,
subject to the proviso that a minimum number of six (6) horses will be required to constitute a
Heat. In the event that there are insufficient nominators or acceptors in a State to constitute a
Heat, a Subsidy of $2,500 will be paid to the connections of horses required to travel to contest a
Heat in the other State. Horses that are normally trained and domiciled in the other State, are not
eligible for a Subsidy if they are required to contest a Heat in the State where they are normally
trained and domiciled.

14.7. If there are sufficient nominations for two or more heats in a particular STATE, the top eight
seeds (or nine seeds if there are sufficient nominations for three heats) based on prizemoney
earned that season will be split evenly between the heats on a random basis, with the exception

20 AUSTRALIAN PACING GOLD

that Horses owned in the same interests or trained by the same Trainer will be separated, if
possible. The remaining runners will be randomly allocated between the heats, subject to 14.9.

14.8. Barrier Draws for all races in the Series will be PBD/Sex.

14.9. Horses owned in the same interests or trained by the same Trainer will be separated, if possible.

14.10. Preference in field selection for the Final goes to the highest placed finishers from each STATE’s
Heats (i.e. all heat winners will get first selection, followed by all second place getters etc.).

14.11. In the event that a tie-breaker is required to determine priority between two or more horses that
finished in identical positions in their heats, preference will go to the horse that recorded the faster
personal heat time in the STATE with the most heat runners. Next preference will go to the fastest
horse in the STATE with the least heat runners. Next preference will go to the second fastest horse
in the STATE with the most heat runners. Next preference will go to the second fastest horse in
the STATE with the least heat runners, etc.

14.12. If the number of heat runners in each STATE is identical, a random ballot will be performed by the
relevant Controlling Board or Authority to determine which STATE gets priority. If two horses in
the same state record identical heat times, preference will go to the horse with the higher season
earnings. If season earnings are identical, preference will be decided by way of a random ballot
conducted by the relevant Controlling Board or Authority.

15.0 TROTTING VENUES & PRIZEMONEY

15.1. VENUES for TROTTING SERIES

AGE GROUP NSW VIC QLD
2yo Heats 2023 Menangle Melton N/A
2yo Final 2023 Menangle N/A
N/A

15.2. TROTTING SERIES PRIZEMONEY
NEDS APG 2YO TROTTING FINALS

Place Owner
1st $71,875
2nd $18,750
3rd $12,500
4th $6,250
5th $3,125
6th $2,500
7th $2,500
8th $2,500
9th $2,500
10th $2,500
Totals $125,000

AUSTRALIAN PACING GOLD 21

16.0 GENERAL CONDITIONS

16.1. The Controlling Board or Authority of the State in which races of the Series are being conducted,
shall preside over these Rules.

16.2. Every Club conducting such races shall comply with all directions of Australian Pacing Gold
Limited as to the conduct of or any matter relating to the Series.

16.3. The races conducted in a Series shall be run under the Rules of Harness Racing of the Controlling
Board or Authority of the State in which such races are conducted.

16.4. All horses nominated for the Series and their Owners, Trainers and Drivers, in addition to being
bound by the Rules of Harness Racing of the State in which the races are conducted, shall be
deemed to be bound by the Conditions of the Series and any decision made thereunder.

16.5. Prizemoney for all APG events will be divided in accordance with the practice of the jurisdiction in
which the races are conducted. No portion of prizemoney will be payable to the breeder.

17.0 BOARD OF DIRECTORS

17.1. The Board of Directors of Australian Pacing Gold shall have the utmost power to deal with any
matter arising from these conditions and any such decision by the Board of Directors shall be
final and binding on all parties.

The Board of Directors, shall have power to, however, not limited to:

- administer the Series;
- determine any fees payable;
- determine any variations to these conditions on a needs basis;
- determine dates on which any fees will fall due;
- determine what amounts to “exceptional circumstances” as provided by in Clause 4.0 hereof;
- determine dates on which races comprising the Series will be conducted;
- determine venues of races comprising the Series;
- determine Prizemoney and the distribution thereof;
- authorise sales as " Australian Pacing Gold Sales" under such conditions as it prescribes;
- determine any alteration to the number of Heats and Gold Bullion Races to be conducted;
- determine any changes required to the choice of venue to produce adequate field sizes in Heats;
- adjudicate on the eligibility of any horse to contest a Race in the Series;
- conduct a Ballot to have horses contest Heats at a venue other than the venue nominated;
- abandon the Series for whatever reason with all nomination, first and final acceptance payments

and sustaining fees being refunded less any administrative or promotional charges.

18.0 THE BOARD OF DIRECTORS:

Club Name
HRV Messrs P Watkinson
NSWHRC Messrs R Marshall & B Ellis
ALBION PARK HRC Messrs P Ellis & T O’Reilly
GENERAL MANAGER Mr David Boydell – Tel 0404 557 440
SECRETARY Mr Chris Bolenski - Tel (02) 4645 2200 Fax (02) 4633 8200

22 AUSTRALIAN PACING GOLD

GST EXCLUSIVE SALE

The Australian Pacing Gold Yearling Sales will be conducted as GST exclusive sales. Where the Vendor is registered for GST,
10% GST will need to be added to the final bid price. Where the Vendor is not registered, GST will not be added to the sale
price. The GST classification for all Lots is indicated at the top of each pedigree.

Example REGISTERED VENDORS NON-REGISTERED VENDORS

GST Exclusive Sale GST Exclusive Sale

Final Bid Price $11,000 Final Bid Price $11,000

GST $1,100 GST Nil

Final Price to $12,100 Final Price to $11,000
Purchaser Purchaser

VETERINARY EMERGENCY NUMBERS

Please note that in the event that a horse becomes sick or injured during its stay at the sales complex, it is the owner’s
responsibility to contact a suitable veterinarian and seek appropriate veterinary advice. The following veterinarians that are
known to perform work at the various sales complexes:

Sales Venue Veterinary Clinic Contact Details

Melbourne – Oaklands Junction Flemington Equine Clinic Ph: (03) 9376 0521

Sydney – Warwick Farm Sales Complex Randwick Equine Clinic Ph: (02) 9399 7722

Perth – Magic Millions Ascot Equine Veterinarians Ph: (08) 9277 7737

Gold Coast – Magic Millions Garrard’s Veterinary Clinic Ph: 1300 791 688

IMPORTANT FUTURITY ELIGIBILITY NOTICE

It is the responsibility of all prospective purchasers to ensure the Futurity Eligibility of each Lot before securing that horse.
The Futurity Eligibility status of each Lot should be confirmed with the relevant State Racing Authority or the individual
Futurity Series Promoter before each Australian Pacing Gold Sale.

IMPORTANT DISCLAIMERS

For the information of the Purchaser, the Auctioneer has provided certain information on the horses catalogued for Sale.
Any information is obviously subject to constant change and revision and its subsidiaries, officers and agents for themselves
and for those for whom they act, provide all information without responsibility and give no guarantee whatsoever as to its
accuracy.

All persons who attend the Sale do so entirely at their own risk and neither (the Auctioneer), its subsidiaries, officers or
agents for themselves and for those whom they act, nor the Promoter, its subsidiaries, officers or agents for themselves
and for those for whom they act assume or accept any responsibility or liability of whatever nature for any injury or
damage whatsoever which may occur to any person or property.

CATALOGUE DISCLAIMER

All care has been taken in the production of this catalogue in relation to the accuracy of information contained herein. The
catalogue producers will accept no responsibility for any inaccuracies contained but will undertake to the best of their
ability to correct any inaccuracies during the Sale. Please note, any announcements made from the Auctioneer's Stand on
the day of the Sale will take precedence over anything contained within the Catalogue.

AUSTRALIAN PACING GOLD 23

SALE DAY NOTICES

ACCESS TO VENUES SUSTAINING FEES

Access tothesales venues willbeasfollows: In orderforyearlingstobesustained forthe
•Gold Coast–9am, Friday, 21stJanuary2022 AustralianPacing Gold RaceSeries, thepurchasermust
•Melbourne –9am Friday4th February2022 tickthesustaining boxon thesign-up iPad on thedayof
• Perth –9am,Saturday 26thFebruary 2022 thesale. Thereisnoprovision forlateentry.
• Sydney –9am,Friday4th March 2022
VENDORS
CHANGING ADDRESS
Completed, signed&witnessed transferformsmustbe
Itis theresponsibilityofpurchasers toinformAustralian supplied toAPG priortothecommencementofeach Sale.
Pacing Gold ofyourdetails orchanges todetails forthe APGreserves therighttorefusea horseentryintothe
deliveryofappropriatenotices pertaining toallSeries. sales ring and/orwithhold paymentofproceeds untilfully
completed,signed&witnessed transferforms havebeen
PASSOUTS received.

Nohorsewillbepermitted toleavetheselling complex VETERINARY SERVICES
withouta passout. Itis thePurchaser's responsibilityto
ensurethata passoutis obtained foreveryhorse. Passouts A veterinarian from Garrard’sHorse&Hound willbeon
willonlybeissued attheSaleDayOfficebya hand atallEastCoastsales,andwillbeavailableforpre-
representativeofAustralianPacing Gold. saleX-rays (attherequestofbuyers&/orvendors)and
otherpre-saleinspection services. Anyonewishing to
PAYMENT OF PURCHASES contacttheGarrard’s veterinarian on salesweekend can
dosobyapproachingan APG staffmemberin thesales
All Purchasers must report to the Sale office.
Office to finalise payment of all purchases
as soon as practicableafterthefallofthe TheGarrard’s veterinarianhas notbeen engaged by
hammer.Transferpaperswillbeposted toPurchasers AustralianPacing Gold,meaning thatanyrelationship will
upon fullpaymentofalldebts. bebetween yourselfandGarrard’s.Forfurther
information,pleasecontactDaren Garrard on 0428 100
PERSONS ACTING AS AGENTS 976.

Anyperson acting asagentin thepurchaseofa horsewill Scopingofallhorses immediatelypostsaleis availableata
beresponsibleforpaymentofthathorse,unless prior costof$99 perhorse(EastCoast)and $165perhorse
arrangements havebeenmadein writing with Australian (WA)(referClause19 ofAPG’sT&C ofSaleforfurther
Pacing Gold. information).

POST SALE ONLINE YEARLING GUIDE

Allhorses aretoberemoved from thevarious sales Photos andvideos ofAPG yearlings and related progeny
complexes by12noon on thedayfollowingeach sale.Any willbeviewableinAPG’s OnlineYearling Guides whichwill
horseheld afterthecompletion oftheday’sselling willbe beavailableapproximately11 days priortoeach sale.
attheexpenseofthepurchaser, and anycosts willbe
forwarded on accordingly.

24 AUSTRALIAN PACING GOLD