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Notice: Warning Off - Mr David Madden (Country Racing Syndications Pty Ltd)

Acting under Local Rule of Racing 6 (LR 6), Racing NSW on Monday, 14 November 2022 warned off Mr David Madden of Rozelle, New South Wales from all racecourses under its control.

It also confirmed the removal of his firm, Country Racing Syndications Pty Ltd (“CRS”), from the Racing NSW Register of Authorised Representatives of an Approved Promoter.

Country Racing Syndications Pty Ltd (”CRS”) - Sole Director Mr David Madden

- Authorised Representative No. 001263799

- Licensee:  Stable Connect Ltd 226402

Racing NSW took the action because of Mr Madden’s conduct and activities in the racing industry encompassing but not limited to the purchase of Thoroughbred horses, the selling of shares in Thoroughbred horses, the failure to complete Investment Schemes and register horses sold in shares by Mr Madden or CRS, failure to pay Trainers and Industry Supplier accounts regarding these horses including after collecting fees from part owners of the horses but not paying the trainer or supplier those collected fees and his failure to respond to communications regarding the horses including from Racing NSW.

Prior to this action, Racing NSW had withdrawn Country Racing Syndications Pty Ltd registration as an Authorised Representative of an Approved Promoter in July 2022 and provided Mr Madden the opportunity to rectify matters or face the possibility of being Warned Off.

Mr Madden did not take to the opportunity to correct the problems caused, with the consequence of Racing NSW proceeding to a Show Cause process as forecast.

The Warning Off is effective immediately.

Relevant Rules

LR 6.  The Board has the power to warn off any or all racecourses within its control any person whose presence thereon in the opinion of the Board is not desirable.

Effects of Warning Off

AR 265 Restrictions that apply to those warned off the same as those disqualified

A person warned off by a PRA is subject to the same restrictions or consequences applicable to a person disqualified in accordance with the Rules – see details AR263

AR 263 Prohibitions on persons and their conduct while disqualified

• Unless otherwise authorised by the PRA which imposed a disqualification (and upon such conditions as that PRA may in its discretion impose), a person disqualified under these Australian Rules must not, during the period of that disqualification:
• enter upon a racecourse or training track owned, operated or controlled by a PRA or Club or on any land used in connection with those properties;
• enter upon any training premises, complex or establishment of a PRA, Club or licensed person;
• be an office holder, official, member or employee of any PRA or Club or participate in the business of any PRA, Club, or any other racing disciplinary body;
• be employed by, or otherwise engaged to provide any service in any capacity to any thoroughbred racing stable;
• ride any horse in any race, official trial, jump-out or test;
• enter or nominate a horse for a race or official trial, whether acting as agent or principal or in any other capacity;
• subscribe to any sweepstakes;
• race or have trained any horse, whether as owner, lessee or in any other capacity;
• share in the winnings of any horse;
• participate in any way in the preparation for racing or training of any horse;
• open a betting account, operate an existing betting account, transact a bet or have a bet transacted on his or her behalf, have any interest in or share in any bet, and/or receive a benefit from any bet placed with a licensed wagering operator in connection with any thoroughbred race meeting held in Australia;
• conduct or assist with thoroughbred breeding in Australia;
• attend or participate in thoroughbred horse sales or related events;
• permit or authorise any other person to conduct any activity associated with thoroughbred racing, thoroughbred horse sales and/or breeding for or on behalf of the disqualified person; and/or
• receive any direct or indirect financial or other benefit derived from thoroughbred racing and/or breeding in Australia.
• In addition to any of the restrictions that may apply in respect of a disqualified person, including those set out in subrule (1), the PRA or the body which imposed the disqualification may order the disqualified person:
• not to participate in social or mainstream media in relation to any matter in connection with racing or wagering;
• to adhere to such other restrictions as may be necessary or desirable to prevent conduct by the disqualified person that could be prejudicial to the image, interests, integrity or welfare of racing,

and the disqualified person must comply with any such order.

• Except with the consent of the PRA that imposed a disqualification, a person who in the opinion of the relevant PRA or the Stewards is a close associate of a disqualified person, must not train or race any horse.
• Unless otherwise determined by the PRA that imposed or adopted a penalty, if a person breaches subrule (1), the period of disqualification imposed on that person must automatically restart from the most recent date of the breach, and the person may also be subject to further penalty.
• The provisions of subrule (4) apply to any person to whom subrule (1) applies, regardless of when the penalty that gives rise to the application of the rule was imposed.
• Notwithstanding the provisions of this rule:
• if a lessor is a disqualified person, or in the opinion of a PRA or the Stewards is a close associate of a disqualified person, a PRA may in its discretion waive the operation of the provisions of this rule in favour of a person who leases a horse from that lessor either in respect of a particular race meeting or otherwise during the currency of the lease; and
• if the discretion referred to in subrule (6)(a) is exercised in favour of a lessee then:
• if the lessor’s horse wins any stake or prize money, the amount of the stake or prize money will be reduced by the amount or proportion of it to which the lessor would otherwise be entitled pursuant to any written or oral agreement entered into between the lessor and the lessee in respect of the horse; and
• no part of a stake or prize money as referred to in subrule (6)(b)(i) is to be payable to the lessor nor be recoverable by the lessor from any PRA, Club, the lessee, or any other person.

AR 264 No betting by a bookmaker with disqualified persons

A bookmaker must not bet with a disqualified person, whether in person, online, by telephone, or using any other device or medium.