89Record keeping

#### 89 Record keeping 89 Record keeping (cf clause 46M of 2005 Reg) > > (1) A person to whom this Part applies must keep records that set out the following in relation to each financial year— > > > > > (a) for each packaging material used by the person in packaging for which the person is responsible— > > > > > > > (i) the total weight of material used by material type, and > > > > > > > (ii) the number of units of packaging by unit and material type, and > > > > > > > (iii) the arrangements that are in place to ensure that material is recovered, including details of any agreement with a third party for the recovery of material, and > > > > > > > (iv) the total weight of material recovered by material type, and > > > > > > > (v) the total weight of recovered material re-used or recycled in Australia by material type, and > > > > > > > (vi) the total weight of recovered material re-used or recycled outside of Australia by material type, and > > > > > > > (vii) the total amount of embedded energy recovered (in kilojoules), and > > > > > > > (viii) the total weight of recovered material disposed of to landfill, and > > > > > > > (ix) how recovered material is used, and > > > > > > > (x) how consumers have been advised as to how packaging is to be recovered, > > > > > (b) the percentages of existing and new packaging for which the person is responsible that is reviewed using the Sustainable Packaging Guidelines, and any improvements made to the design of that packaging, > > > > > (c) any measures that the person takes to ensure a continuous reduction in the number of packaging items in the litter stream. > > > (2) A person who is required to keep records under this clause must— > > > > > (a) ensure that those records are retained for at least 5 years following the financial year to which they relate, and > > > > > (b) make those records available for inspection and copying by an authorised officer on request. > > > (3) In this clause— > > > > financial year, in relation to the keeping and retention of records by a person, means— > > > > > (a) in the case of a person that is a company—a financial year of the company, or > > > > > (b) in any other case—the period of 12 months commencing on 1 July in any year. > > Maximum penalty—200 penalty units in the case of a corporation, 100 penalty units in the case of an individual.