Document ID: chunk:federal_register_of_legislation:C2024C00489:section:41d
Version: federal_register_of_legislation:C2024C00489
Segment Type: section
Provision Reference: s 41D
Character Range: 137553–138890

41D  Requirement to make and retain records

Records
 (1) The regulations may make provision for and in relation to requiring records to be made and retained by the following:
 (a) a person who holds a permit under this Act in relation to the import, export or transit of hazardous waste;
 (b) a person who has been notified under subsection 33G(1) that a transit permit is not required for carrying out a transit proposal;
 (c) a person who has been given an order under Part 3 of this Act.
 (2) Without limiting subsection (1), regulations made for the purposes of that subsection may make provision for and in relation to one or more of the following:
 (a) the kind of records that must be made and retained;
 (b) the form in which records must be retained;
 (c) the period for which records must be retained.
 (3) A person contravenes this subsection if:
 (a) the person is required to make or retain a record in accordance with regulations made for the purposes of subsection (1); and
 (b) the person fails to comply with the requirement.

Strict liability offence
 (4) A person commits an offence of strict liability if the person contravenes subsection (3).
Penalty: 30 penalty units.

Civil penalty provision
 (5) A person is liable to a civil penalty if the person contravenes subsection (3).
Civil penalty: 240 penalty units.