37Records to be kept by interested persons

37 Records to be kept by interested persons

(1) The interested person in relation to a chemical product who is liable to pay levy in respect of leviable disposals of the product that took place anywhere in Australia at any time during a financial year must: (a) keep any records relating to those disposals that are reasonably necessary to enable the APVMA to find out whether section 35 has been complied with; and (b) retain those records for 6 years.

Note: See also sections 37A and 37B.

Strict liability offence (2) A person commits an offence of strict liability if the person contravenes subsection (1).

Penalty: 50 penalty units.

Civil penalty (3) Subsection (1) is a civil penalty provision.

Note 1: For monitoring and investigation powers of inspectors in relation to this Act, see Part 7AA of the Agricultural and Veterinary Chemicals (Administration) Act 1992.

Note 2: Division 1 of Part 7AB of the Agricultural and Veterinary Chemicals (Administration) Act 1992 provides for pecuniary penalties for contraventions of civil penalty provisions.

Note 3: For infringement notices, enforceable undertakings and formal warnings in relation to contraventions of subsection (1), see Divisions 2, 3 and 6 of Part 7AB of the Agricultural and Veterinary Chemicals (Administration) Act 1992.