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Biosecurity Act 2014
sec.441Keeping of biosecurity certificate by accredited certifier or receiver          
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### sec.441 Keeping of biosecurity certificate by accredited certifier or receiver          
An accredited certifier who creates a biosecurity certificate for use by the accredited certifier or another person must keep a copy of the certificate, together with a record of the details of the use of the certificate as prescribed under a regulation, for the required period for the certificate.
Maximum penalty—200 penalty units.
During the required period for a biosecurity certificate, the accredited certifier who created the certificate must, if asked by an authorised officer or a relevant auditor to produce the copy of the certificate for inspection, produce the copy for the authorised officer’s or relevant auditor’s inspection, unless the accredited certifier has a reasonable excuse.
Maximum penalty—100 penalty units.
Subsections (4) and (5) apply to a person (the receiver ) who receives an acceptable biosecurity certificate for use by the receiver.
The receiver must, during the required period for the certificate, keep the certificate under the receiver’s control.
Maximum penalty—200 penalty units.
During the required period for the certificate, the receiver must, if asked by an authorised officer to produce the certificate for inspection, produce the certificate for the authorised officer’s inspection, unless the receiver has a reasonable excuse.
Maximum penalty—100 penalty units.
In this section—
relevant auditor , in relation to the production of a biosecurity certificate, means an auditor who is conducting an audit that is authorised under this Act and to which the certificate is relevant.
required period , for a certificate mentioned in this section, means—
if the certificate is created for the purposes of its use in the ICA scheme, the longer of the following periods—
the period of 1 year starting when the certificate is created;
the period starting when the certificate is created and ending when the first audit of the certificate, authorised under this Act, happens; or
otherwise—the period of 5 years starting when the certificate is created.
(sec.441-ssec.1) An accredited certifier who creates a biosecurity certificate for use by the accredited certifier or another person must keep a copy of the certificate, together with a record of the details of the use of the certificate as prescribed under a regulation, for the required period for the certificate. Maximum penalty—200 penalty units.
(sec.441-ssec.2) During the required period for a biosecurity certificate, the accredited certifier who created the certificate must, if asked by an authorised officer or a relevant auditor to produce the copy of the certificate for inspection, produce the copy for the authorised officer’s or relevant auditor’s inspection, unless the accredited certifier has a reasonable excuse. Maximum penalty—100 penalty units.
(sec.441-ssec.3) Subsections (4) and (5) apply to a person (the receiver ) who receives an acceptable biosecurity certificate for use by the receiver.
(sec.441-ssec.4) The receiver must, during the required period for the certificate, keep the certificate under the receiver’s control. Maximum penalty—200 penalty units.
(sec.441-ssec.5) During the required period for the certificate, the receiver must, if asked by an authorised officer to produce the certificate for inspection, produce the certificate for the authorised officer’s inspection, unless the receiver has a reasonable excuse. Maximum penalty—100 penalty units.
(sec.441-ssec.6) In this section— relevant auditor , in relation to the production of a biosecurity certificate, means an auditor who is conducting an audit that is authorised under this Act and to which the certificate is relevant. required period , for a certificate mentioned in this section, means— if the certificate is created for the purposes of its use in the ICA scheme, the longer of the following periods— the period of 1 year starting when the certificate is created; the period starting when the certificate is created and ending when the first audit of the certificate, authorised under this Act, happens; or otherwise—the period of 5 years starting when the certificate is created.
- (a) if the certificate is created for the purposes of its use in the ICA scheme, the longer of the following periods— (i) the period of 1 year starting when the certificate is created; (ii) the period starting when the certificate is created and ending when the first audit of the certificate, authorised under this Act, happens; or
- (i) the period of 1 year starting when the certificate is created;
- (ii) the period starting when the certificate is created and ending when the first audit of the certificate, authorised under this Act, happens; or
- (b) otherwise—the period of 5 years starting when the certificate is created.
- (i) the period of 1 year starting when the certificate is created;
- (ii) the period starting when the certificate is created and ending when the first audit of the certificate, authorised under this Act, happens; or