Document ID: chunk:federal_register_of_legislation:F2021L00318:body:0:p11
Version: federal_register_of_legislation:F2021L00318
Segment Type: other
Provision Reference: 
Character Range: 26584–29218

applies if:
 (a) premises where export operations are being, or have been, carried out in relation to prescribed wood or woodchips have been entered under an investigation warrant; and
 (b) a thing was seized under the warrant.
 (2) The thing must be:
 (a) identified with a mark or a tag; and
 (b) kept in the custody or control of an authorised officer until whichever of the following first occurs:
 (i) the thing is destroyed or otherwise disposed of in accordance with section 418 of the Act;
 (ii) the thing is returned in accordance with subsection 66(4) of the Regulatory Powers Act;
 (iii) the thing is disposed of in accordance with section 68 of that Act.

Chapter 11—Miscellaneous

Part 1—Records

11‑1  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 wood or woodchips.
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 wood or woodchips 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 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 wood or woodchips 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 a government certificate that was issued by electronic means.

11‑4  Records to be retained by exporter
 (1) An exporter of prescribed wood or woodchips must retain the following records:
 (a) each application by the exporter for a government certificate in relation to prescribed wood or woodchips;
 (b) each other document:
 (i) that is made by the exporter or that comes into the exporter's possession; and
 (ii) that