Document ID: chunk:federal_register_of_legislation:F2023C00759:reg:3:p15
Version: federal_register_of_legislation:F2023C00759
Segment Type: reg
Provision Reference: reg 3 (pt 15/25)
Character Range: 200519–203237

addition to subsection (1), a third party authorised officer who is, or was, authorised to perform functions or exercise powers under the Act in relation to plants or plant products must retain the following records:
 (a) each application under subsection 291(3) of the Act to be a third party authorised officer;
 (b) each application under subsection 298A(1) of the Act for a variation in relation to the third party authorised officer's authorisation;
 (c) each request under subsection 298C(1) of the Act to suspend the third party authorised officer's authorisation;
 (d) each request under subsection 298C(4) of the Act to revoke a suspension of the third party authorised officer's authorisation;
 (e) each request under subsection 298D(1) of the Act to revoke the third party authorised officer's authorisation;
 (f) each instrument of authorisation of the third party authorised officer.

Period during which records must be retained
 (3) Subject to subsection (3A), an authorised officer must retain each record referred to in subsection (1) or (2) for at least 2 years starting on the day the record is made by the authorised officer or comes into the authorised officer's possession (as the case may be).
 (3A) A third party authorised officer must retain each record referred to in paragraph (1)(ba) for at least 1 year starting on the day the record is made by the third party authorised officer.

Exception for certain records
 (4) Subsections (1), (2) and (3) do not apply in relation to a record that has been entered into an electronic system operated by the Department for the purposes of the Act.

11‑11  Records must not be altered or defaced during retention period
 (1) A record that is retained as required by this Part must not be altered or defaced during the period (the retention period) in which it is required to be retained.
 (2) However, subsection (1) does not prevent notations or markings being made on the record in accordance with ordinary practice.
 (3) If, during the retention period, notations or markings are made on the record (the original record) in accordance with ordinary practice, the person who is required to retain the original record must also retain, during the retention period, each document:
 (a) that the person creates or that comes into the person's possession; and
 (b) that shows how the original record was changed.

Part 2—Samples

11‑12  Storage of samples
 (1) For the purposes of section 411 of the Act, a sample that may be tested or analysed under the Act must be held under conditions that are unlikely to affect the result of any testing or analysis of the sample.
 (2) Subsection (1) does not apply in relation to a sample that may be tested or