Document ID: chunk:federal_register_of_legislation:C2025C00022:section:408
Version: federal_register_of_legislation:C2025C00022
Segment Type: section
Provision Reference: s 408
Character Range: 677736–679991

408  Requirements to retain records
 (1) The rules may make provision for and in relation to requiring records to be retained by any of the following:
 (a) a person who carries out, or has carried out, export operations in relation to prescribed goods;
 (b) the manager of an accredited property;
 (c) a person who manages or controls, or has managed or controlled, export operations at a registered establishment;
 (d) a person who manages or controls, or has managed or controlled, export operations in accordance with an approved arrangement;
 (e) a person who participates, or has participated, in the management or control of the export business of a person who holds an export licence (as provided by section 220);
 (f) a person who carries out, or has carried out, export operations in relation to non‑prescribed goods in relation to which:
 (i) an application for a government certificate or a tariff rate quota certificate has been made; or
 (ii) a government certificate or a tariff rate quota certificate has been issued;
 (g) a person who performs or has performed functions, or who exercises or has exercised powers, under this Act.
Note: A person may be required to make a record under a provision of this Act. The following are examples of such requirements:
(a) the occupier of a registered establishment may be required to make a record about a matter in accordance with a condition of the registration of the establishment imposed under subsection 113(1);
(b) the holder of an approved arrangement is required to make a record of certain variations of the approved arrangement under subsection 159(2).
 (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 retained;
 (b) the form in which records must be retained;
 (c) the period for which records must be retained;
 (d) the secure retention of records.

Strict liability offence
 (3) A person commits an offence of strict liability if:
 (a) the person is required to retain a record in accordance with rules made for the purposes of subsection (1) or (2); and
 (b) the person fails to comply with the requirement.
Penalty: 20 penalty units.

Part 6—Miscellaneous

Division 1—Introduction