28Records to be kept and retained by employer

#### 28 Records to be kept and retained by employer Employer to keep records (1) An employer must keep records that record and explain all termination payments made by the employer. How records to be kept (2) The records must be kept in writing in the English language or so as to enable the records to be readily accessible and convertible into writing in the English language. Period for retention of records (3) An employer who has possession of any records kept or obtained under or for the purposes of this Act must retain them until the end of 5 years after they were prepared or obtained, or the making of the payments to which those records relate, whichever is the later. When records need not be kept (4) This section does not require an employer to retain records if: (a) the Commissioner has notified the employer that the retention of the records is not required; or (b) the employer is a company that has gone into liquidation and been finally dissolved. Offences (5) An employer who contravenes this section is guilty of an offence punishable on conviction by a fine of not more than 60 penalty units. > Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. > Note 2: The amount of a penalty unit is stated in section 4AA of the Crimes Act 1914. If a body corporate is convicted of an offence, subsection 4B(3) of that Act allows a court to impose a fine that is not greater than 5 times the maximum fine that could be imposed by the court on an individual convicted of the same offence. > Note 3: In a prosecution for an offence against subsection (5), the defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3) of the Criminal Code).