70Destruction or disposal of records—the Act, s 40(3)(h)

#### 70 Destruction or disposal of records—the Act, s 40(3)(h) 70 Destruction or disposal of records—the Act, s 40(3)(h) > > (1) An employer or person responsible for regulated material must not destroy or otherwise dispose of a record required to be kept under this regulation (a required record) otherwise than in accordance with this section. > > > > Maximum penalty— > > > > > (a) for an individual—125 penalty units, or > > > > > (b) otherwise—250 penalty units. > > > (2) The employer or person responsible for regulated material may, with the consent of the Authority, destroy or otherwise dispose of a required record. > > > (3) However, if the required record is a record required to be kept by an employer under section 51, the record must not be destroyed or otherwise disposed of until at least 5 years after the employee concerned ceases to be employed by the employer. > > > (4) An employer may forward a required record to the Authority if the employer ceases to carry on business in New South Wales. > > > (5) The Authority may dispose of a required record forwarded to, or otherwise kept by, the Authority. > > > (6) This section does not apply to the records referred to in section 44.