40Record‑keeping requirements

40 Record‑keeping requirements

(1) For the purposes of subsection 20(1) of the Act, a person (the record keeper) who imports or supplies emissions‑controlled products during a financial year must make records that would be sufficient to satisfy the Secretary of the following: (a) the identities and quantities of the products; (b) the identities of the persons (if any) who supplied the products to the record keeper in Australia (whether before or during the year); (c) whether the products are Australian certified or foreign certified; (d) for each of the products that is Australian certified—the Australian certification number of the applicable Australian certificate of conformity; (e) for each of the products that is foreign certified—the number of the applicable foreign certificate of conformity; (f) for each of the products (if any) that the record keeper supplies to a person (the recipient) during the year: (i) that it was reasonable for the record keeper not to believe that the recipient intended to supply the product to another person; or (ii) the identity of the recipient; (g) for each importation or supply under an exemption—that the conditions to which the exemption is subject have been complied with. (2) The record keeper must keep the records until 5 years after the end of the financial year.