Chemical Weapons (Prohibition) Act 1994
30Record keeping obligations in relation to certain facilities
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30 Record keeping obligations in relation to certain facilities
(1) This section applies to a facility if there is or was a permit to operate the facility during a particular year. (2) The operator of a facility to which this section applies must: (a) give the Director, by such day as is prescribed, a report in the approved form containing such information as is required by the form in relation to: (i) the location, ownership and operation of the facility during the particular year; and (ii) the plant or plants comprising, or comprising part of, the facility during a particular year; and (iii) the chemicals dealt with at that facility during that particular year; and (iv) the purposes to which those chemicals are put; and (v) such other matters relevant to a declaration required to be given by Australia to the Organization under the Convention as are prescribed; and (b) keep such records in relation to the facility, plants, the chemicals referred to in paragraph (a), as are required by the regulations; and (c) prepare and give to the Director from those records, in such circumstances, and by such day, as is prescribed, a periodic report in the approved form containing such information as is required by the form; and (d) prepare and give to the Director from those records, in such circumstances, and by such day, as is prescribed, a special report in the approved form containing such information as is required by the form. (3) A person commits an offence if: (a) the person refuses or fails to do an act; and (b) the refusal or failure causes a contravention of subsection (2).
Penalty: Imprisonment for 2 years.
(3A) Subsection (3) does not apply if the person has a reasonable excuse.
Note: The defendant bears an evidential burden in relation to the matter in subsection (3A). See subsection 13.3(3) of the Criminal Code.
(4) The regulations relating to the keeping of records referred to in paragraph (2)(b) may include, but are not limited to, regulations relating to: (a) the form and content of such records; and (b) the period for which such records are to be kept.