39FObligation to keep records

39F Obligation to keep records

(1) A person (the record keeper) to whom this Part applies (under section 39C) must keep written records that show the following details in relation to wine goods: (a) the identity of the record keeper; (b) the kind of wine goods to which the record relates; (c) the date the record keeper receives the wine goods; (d) the identity of the person from whom the wine goods are received by the record keeper; (e) the quantity of the wine goods received by the record keeper; (f) the vintage, variety and prescribed geographical indication of the wine goods received by the record keeper; (g) details of steps taken by the record keeper that changed or affected any of the following: (i) the vintage, variety or prescribed geographical indication of the wine goods; (ii) the tank or other place or thing in which the wine goods were stored; (iii) the volume of the wine goods stored in any such tank, place or thing; (h) the date the record keeper supplies the wine goods; (i) the identity of the person to whom the wine goods are supplied by the record keeper; (j) the quantity of the wine goods that are supplied by the record keeper; (k) the vintage, variety and prescribed geographical indication of the wine goods supplied by the record keeper; (l) any other details in relation to the wine goods that are prescribed by the regulations for the purposes of this section.

Note 1: Records are required to be kept only to the extent that wine goods originate in Australia (see subsection 39C(4)).

Note 2: See section 39G (which deals with when certain details are not required to be kept) and section 39H (which deals with details required under section 39F).

Note 3: A person commits an offence if the person fails to keep a record in accordance with this subsection (see section 39J).

Period for keeping records (2) A record must be kept under subsection (1) for the period: (a) beginning: (i) when the event, circumstance or state of affairs that is required to be recorded occurs; or (ii) if a record is required to be made before it can be kept—at the end of 3 days after the day that such an event, circumstance or state of affairs occurs; and (b) ending 7 years after that time.

Note: A person commits an offence if the person fails to keep a record in accordance with this subsection (see section 39J).

Requirement to provide and keep a copy of a record in relation to supply of wine goods (3) A person who is required to keep a record under subsection (1) must, on the day the person supplies the wine goods, provide a copy of the record kept under paragraphs (1)(h), (j) and (k) to the person to whom the wine goods are supplied.