72
In forceRequirement to retain records
Part 6Pre-commencement records and other information held by ART providers
Division 6.2Retention of pre-commencement records
72 Requirement to retain records
(1)
An ART provider commits an offence if—
(a)
it has control of a pre-commencement record; and
(b)
the record’s retention period has not ended; and
(c)
it fails to retain the record in a readily accessible form.
Maximum penalty: 50 penalty units.
(2)
Subsection (1) does not apply if the ART provider fails to retain the record only because it transfers the record in accordance with section 73.
Note
The defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58).
This Act’s bill:Explanatory statementSecond reading speech
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