Document ID: chunk:federal_register_of_legislation:F2023C00759:reg:3:p12
Version: federal_register_of_legislation:F2023C00759
Segment Type: reg
Provision Reference: reg 3 (pt 12/25)
Character Range: 193139–195785

to retain a record in accordance with a provision of this Part and the person fails to comply with the requirement (see subsection 408(3) of the Act).

11‑2  General requirements for records
 (1) A record that is required to be retained under this Part in relation to plants or plant products must be:
 (a) in English; and
 (b) if the record was required to be in another language to meet importing country requirements—in that other language; and
 (c) dated; and
 (d) accurate, legible and able to be audited.
 (2) If a person is required to retain a document under this Part, the person is taken to have complied with the requirement if:
 (a) the person is required, under a law of the Commonwealth or a State or Territory or in accordance with ordinary commercial practice, to give the document to another person; and
 (b) the person gives the document to the other person as required; and
 (c) the person retains a copy of the document.

11‑3  Government certificates must be retained in secure place
 (1) A person to whom a government certificate in relation to plants or plant products is issued under the Act must retain the certificate in a secure place when it is not being used.
Note: A government certificate may be a phytosanitary certificate or a phytosanitary certificate for re‑export.
 (2) Subsection (1) does not apply in relation to a government certificate that was issued by electronic means.

11‑4  Export permits must be retained in secure place
 (1) A person to whom an export permit for prescribed plants or plant products is issued under the Act must retain the export permit in a secure place when it is not being used.
 (2) Subsection (1) does not apply in relation to an export permit that was issued by electronic means.

11‑5  Records to be retained by exporter etc.

Records relating to prescribed plants or plant products
 (1) An exporter of prescribed plants or plant products must retain the following records:
 (a) each application by the exporter for a government certificate in relation to prescribed plants or plant products;
 (b) each application by the exporter for an export permit for prescribed plants or plant products;
 (c) each other document:
 (i) that is made by the exporter or that comes into the exporter's possession; and
 (ii) that is relevant to showing whether the exporter has complied, or is complying, with the applicable requirements of the Act in relation to the export of prescribed plants or plant products.
 (2) The exporter must retain each record referred to in subsection (1) for at least 2 years starting on the day the record is made by the exporter or comes into the exporter's