Document ID: chunk:federal_register_of_legislation:F2023L00998:reg:53
Version: federal_register_of_legislation:F2023L00998
Segment Type: reg
Provision Reference: reg 53
Character Range: 85403–87727

53  Making records available
 (1) This section applies in relation to a document or other record that section 52 requires a titleholder to store, during the period that storage is required under that section.
 (2) The titleholder must make a copy of the document or record available to any of the following persons, on request in writing by the person:
 (a) NOPSEMA;
 (b) a NOPSEMA inspector;
 (c) a Greater Sunrise visiting inspector.
 (3) If the person making the request states that a copy of the document or record be made available to an agent of the person, the titleholder must make the copy available to the agent.
 (4) However, if the titleholder:
 (a) requests a person who is a NOPSEMA inspector to produce written evidence of the person's appointment as a NOPSEMA inspector; or
 (b) requests a person who is a Greater Sunrise visiting inspector to produce written evidence of the person's appointment as a Greater Sunrise visiting inspector; or
 (c) requests a person who is an agent to produce written evidence of the person's appointment as an agent;
the titleholder is not required to make a copy of the document or record available unless the person produces the evidence to the titleholder.
 (5) The copy of the document or record must be made available:
 (a) in the case of an emergency relating to an activity—as soon as possible at any time of the day or night on any day during the emergency; or
 (b) in any other case—during normal business hours on a business day in the place where the document or record is kept.
 (6) The copy of the document or record must be made available at the place where the document or record is kept or another place agreed between the titleholder and the person making the request (or the person's agent). The document may be made available at another place by means of electronic transmission.
 (7) If the document or record is stored on a computer, the copy must be made available in hard copy or, if the titleholder and the person making the request (or the person's agent) so agree, in electronic form.
 (8) A titleholder commits an offence of strict liability if the titleholder:
 (a) is given a request in accordance with this section; and
 (b) does not comply with the request.
Penalty: 30 penalty units.

Part 6—Miscellaneous

Division 1—Information requirements