Requirement to retain documentsRequirement to retain documents

Requirement to retain documents

10.1 Each document that:

(a) is made by the occupier or that comes into the possession of the occupier; and

(b) is relevant to whether the occupier complies with:

(i) the requirements of the Act, these Orders or the occupier’s approved arrangement or a condition of that arrangement; and

(ii) the importing country requirements identified in the approved arrangement;

must be retained for a period of not less than three years from the time the document is made by the occupier or comes into the occupier’s possession (as the case may be).

Note 1 For retaining records electronically see subsection 12 (2) of the Electronic Transactions Act 1999.

Note 2 For suspension or revocation of an approved arrangement if the occupier fails to make available to an authorized officer documents the occupier is required to retain see paragraph 21.1 (e) of this Schedule.

Note 3 For audit of these documents see Part 6 of these Orders.

10.2 If an occupier, who must under order 32 ensure the requirements of this Schedule are complied with, fails to comply with subclause 10.1 the occupier is guilty of an offence.

Level 5 penal provision

Note A level 5 penal provision means a person who is guilty of the relevant offence is punishable by a fine of 50 penalty units, see Regulation 4 of the Export Control (Orders) Regulations 1982.

Part 2 Approved arrangements

Division I Approval of arrangements