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.