11Record keeping requirements

11 Record keeping requirements

11 Record keeping requirements

(1) This section applies to the following (scheme participants)—

(a) a brand owner,

(b) a product stewardship organisation.

(2) A scheme participant must—

(a) prepare records for each financial year in accordance with this section, and

(b) keep the records for at least 6 years following the financial year to which the records relate, and

(c) make the records available for inspection and copying by an authorised officer on request.

Maximum penalty—

(a) for an individual—1,000 penalty units and, for a continuing offence, a further 100 penalty units for each day the offence continues, or

(b) otherwise—4,000 penalty units and, for a continuing offence, a further 400 penalty units for each day the offence continues.

(3) Records prepared under this section must include the information prescribed by the regulations, if any.

(4) The regulator may, by written notice to a scheme participant, direct the scheme participant to, within a specified period—

(a) arrange an independent audit of the records to be carried out by an auditor specified by the regulator, and

(b) give the auditor’s report to the regulator.

(5) A scheme participant must, within the specified period, comply with a direction given under this section.

Maximum penalty—

(a) for an individual—250 penalty units and, for a continuing offence, a further 20 penalty units for each day the offence continues, or

(b) otherwise—1,000 penalty units and, for a continuing offence, a further 100 penalty units for each day the offence continues.

(6) The regulations may specify information to be included in records by reference to the following—

(a) a brand owner,

(b) a regulated product or a substance recovered from a regulated product,