Document ID: chunk:federal_register_of_legislation:F2024C01008:reg:221
Version: federal_register_of_legislation:F2024C01008
Segment Type: reg
Provision Reference: reg 221
Character Range: 139483–141614

221  Records of use—QPS and non‑QPS uses
 (1) A person who uses methyl bromide for a QPS or non‑QPS use must keep a record, in an approved form and signed by the person, of the information mentioned in subregulation (2).
 (2) For subregulation (1), the following information must be recorded in relation to each occasion on which methyl bromide is used (each fumigation) by the person for a QPS or non‑QPS use:
 (a) the name and address of the person;
 (b) the date of the fumigation;
 (c) the amount of methyl bromide used;
 (d) if the fumigation is a non‑QPS use:
 (i) the kind of produce for which, or to which, the methyl bromide is applied; and
 (ii) the dosage rate at which the methyl bromide is applied; and
 (iii) the methyl bromide/chloropicrin ratio used; and
 (iv) information relating to the size of the area fumigated, the volume of the space fumigated or the amount of produce for which, or to which, the methyl bromide is applied; and
 (v) if the person is a contractor—the name and address of the non‑QPS permit holder for whom the fumigation was carried out;
 (e) if the fumigation is a QPS use:
 (i) the kind of QPS use; and
 (ii) the commodity or pest fumigated; and
 (iii) any reference number issued to the person by a Commonwealth, State or Territory authority in relation to the fumigation.
Note: A non‑QPS permit holder must also comply with any record keeping requirements that are a condition of the non‑QPS permit: see paragraph 212(2)(b).
 (3) A record of the information mentioned in subregulation (2) must be retained for 5 years from the date of the fumigation to which the record relates.
 (5) The person must give the Minister a copy of a record retained under subregulation (3) within 14 days after receiving a request in writing from the Minister for a copy of the record.

Strict liability offence
 (6) A person commits an offence of strict liability if the person contravenes subregulation (1), (3) or (5).
Penalty: 50 penalty units.

Civil penalty provision
 (7) A person is liable to a civil penalty if the person contravenes subregulation (1), (3) or (5).
Civil penalty: 60 penalty units.