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Export Control Act 2020
408Requirements to retain records
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408 Requirements to retain records
(1) The rules may make provision for and in relation to requiring records to be retained by any of the following:
(a) a person who carries out, or has carried out, export operations in relation to prescribed goods;
(b) the manager of an accredited property;
(c) a person who manages or controls, or has managed or controlled, export operations at a registered establishment;
(d) a person who manages or controls, or has managed or controlled, export operations in accordance with an approved arrangement;
(e) a person who participates, or has participated, in the management or control of the export business of a person who holds an export licence (as provided by section 220);
(f) a person who carries out, or has carried out, export operations in relation to non‑prescribed goods in relation to which:
(i) an application for a government certificate or a tariff rate quota certificate has been made; or
(ii) a government certificate or a tariff rate quota certificate has been issued;
(g) a person who performs or has performed functions, or who exercises or has exercised powers, under this Act.
Note: A person may be required to make a record under a provision of this Act. The following are examples of such requirements:
(a) the occupier of a registered establishment may be required to make a record about a matter in accordance with a condition of the registration of the establishment imposed under subsection 113(1);
(b) the holder of an approved arrangement is required to make a record of certain variations of the approved arrangement under subsection 159(2).
(2) Without limiting subsection (1), the rules may make provision for and in relation to any of the following:
(a) the kind of records that must be retained;
(b) the form in which records must be retained;
(c) the period for which records must be retained;
(d) the secure retention of records.
(3) A person commits an offence of strict liability if:
(a) the person is required to retain a record in accordance with rules made for the purposes of subsection (1) or (2); and
Penalty: 20 penalty units.
Part 6—Miscellaneous