Part 5Compliance records

Part 5—Compliance records

25 Application

This Part sets out the requirements that must be met after a manufacturer or importer applies a compliance label to an item to which section 11, or clause 3 of Schedule 4, applies.

Note: Subsection 408(6) of the Act provides that an instrument made under section 407 may specify requirements that must be met after a manufacturer or importer applies a label, including requirements that a manufacturer or importer must retain certain records. Section 415 of the Act provides that a person who is subject to such requirements must not engage in conduct that contravenes those requirements. The requirements in this Part must be met after a label is applied to an item and, as such, they are requirements of the kind mentioned in section 415 of the Act.

26 Compliance records – general requirement

(1) In this instrument, compliance records, in relation to an item, means:

(a) a written statement:

(i) prepared for the item under subsection 13(4) or obtained for the item under subsection 13(5); or

(ii) prepared for the item under subsection 23(2); or

(iii) prepared for the item under subclause 5(3), or obtained for the item under subclause 5(4), of Schedule 4; and

(b) a declaration of conformity completed for the item under subsection 22(1); and
(c) if section 24 applies to the item – a copy of the documentation that must accompany the item when supplied; and
(d) a description of the item prepared under subsection 27(4); and
(e) each updated description of the item prepared under subsection 27(5); and
(f) if an agent of the manufacturer or importer of the item keeps compliance records in relation to the item pursuant to an agreement with the manufacturer or importer – the agreement.

(2) For the purposes of this instrument, a compliance record may form part of another compliance record.

Note: Example: A declaration of conformity for an item may contain a written statement prepared under subsection 13(4). In that case, a manufacturer or importer would only need to keep the declaration of conformity to comply with the obligation to keep both compliance records.

27 Compliance records – specific requirements

(1) A manufacturer or importer of an item must keep compliance records in relation to the item in accordance with this Part.

(2) A compliance record in relation to an item:

(a) must be in English; and
(b) may be a certified copy of an original record.

(3) For the avoidance of doubt, a compliance record (including a copy of an original record) may be kept in an electronic form.