41DRequirement to make and retain records

#### 41D Requirement to make and retain records Records (1) The regulations may make provision for and in relation to requiring records to be made and retained by the following: (a) a person who holds a permit under this Act in relation to the import, export or transit of hazardous waste; (b) a person who has been notified under subsection 33G(1) that a transit permit is not required for carrying out a transit proposal; (c) a person who has been given an order under Part 3 of this Act. (2) Without limiting subsection (1), regulations made for the purposes of that subsection may make provision for and in relation to one or more of the following: (a) the kind of records that must be made and retained; (b) the form in which records must be retained; (c) the period for which records must be retained. (3) A person contravenes this subsection if: (a) the person is required to make or retain a record in accordance with regulations made for the purposes of subsection (1); and (b) the person fails to comply with the requirement. Strict liability offence (4) A person commits an offence of strict liability if the person contravenes subsection (3). Penalty: 30 penalty units. Civil penalty provision (5) A person is liable to a civil penalty if the person contravenes subsection (3). Civil penalty: 240 penalty units.