Document ID: chunk:federal_register_of_legislation:F2025C00086:body:0:p22
Version: federal_register_of_legislation:F2025C00086
Segment Type: other
Provision Reference: 
Character Range: 56255–58874

Purpose of this Part
  For the purposes of subsections 408(1) and (2) of the Act, this Part makes provision for and in relation to the retention of records in relation to prescribed organic goods.
Note: A person may commit an offence of strict liability if the person is required 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 prescribed organic goods 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  Organic goods certificates
 (1) A person to whom an organic goods certificate is issued under the Act must retain the certificate in a secure place when it is not being used.
 (2) Subsection (1) does not apply in relation to an organic goods certificate that was issued by electronic means.

11‑4  Records to be retained by exporter
 (1) An exporter of prescribed organic goods must retain each document:
 (a) that is made by the exporter or that comes into the exporter's possession; and
 (b) that is relevant to showing whether the exporter has complied, or is complying, with the applicable requirements of the Act and whether importing country requirements have been, or are being, met in relation to the export of prescribed organic goods.
Note: A reference to the Act includes a reference to this instrument (see section 1‑6 and subsection 432(1) of the Act).
 (2) The exporter must retain each record referred to in subsection (1) for at least 5 years starting on the day the record is made by the exporter or comes into the exporter's possession (as the case may be).

11‑5  Records to be retained by organic operator
 (1) An organic operator in relation to prescribed organic goods must retain each document:
 (a) that is made by the operator or that comes into the operator's possession; and
 (b) that is relevant to showing whether the operator has complied, or is complying, with