Document ID: chunk:federal_register_of_legislation:C2024C00639:section:142
Version: federal_register_of_legislation:C2024C00639
Segment Type: section
Provision Reference: s 142
Character Range: 210812–212579

142  Requirements to make and retain records
 (1) The rules may make provision for and in relation to requiring records to be made and retained by one or more of the following:
 (a) holders, or former holders, of export licences;
 (b) persons who carry out, or have carried out, export operations in relation to regulated waste material;
 (c) accrediting authorities;
 (d) administrators of accredited voluntary arrangements;
 (e) liable parties in relation to products;
 (f) administrators of approved co‑regulatory arrangements;
 (g) persons who are required to take, or not to take, specified action in relation to products under rules made for the purposes of section 92;
 (h) any person who is performing functions or exercising powers under this Act;
 (i) any person who has performed functions or exercised powers under this Act;
 (j) any other person prescribed by the rules.
 (2) Without limiting subsection (1), the rules may make provision for and in relation to any of the following:
 (a) the kind of records that must be made and retained;
 (b) the form in which records must be made and retained;
 (c) the period for which records must be retained;
 (d) the secure retention of records.
 (3) A person contravenes this subsection if:
 (a) the person is subject to a requirement under rules made for the purposes of subsection (1); and
 (b) the person fails to comply with the requirement.

Strict liability offence
 (4) A person commits an offence of strict liability if the person contravenes subsection (3).
Penalty: 60 penalty units.

Civil penalty provision
 (5) A person is liable to a civil penalty if the person contravenes subsection (3).
Civil penalty: 250 penalty units.

Part 5—Information management

Division 1—Information gathering powers