Export Control Act 2020

The rules may make provision for and in relation to requiring records to be retained by any of the following:

a person who carries out, or has carried out, export operations in relation to prescribed goods;

the manager of an accredited property;

a person who manages or controls, or has managed or controlled, export operations at a registered establishment;

a person who manages or controls, or has managed or controlled, export operations in accordance with an approved arrangement;

a person who participates, or has participated, in the management or control of the export business of a person who holds an export licence (as provided by section 220);

a person who carries out, or has carried out, export operations in relation to non‑prescribed goods in relation to which:

an application for a government certificate or a tariff rate quota certificate has been made; or

a government certificate or a tariff rate quota certificate has been issued;

a person who performs or has performed functions, or who exercises or has exercised powers, under this Act.

A person may be required to make a record under a provision of this Act. The following are examples of such requirements:

the occupier of a registered establishment may be required to make a record about a matter in accordance with a condition of the registration of the establishment imposed under subsection 113(1);

the holder of an approved arrangement is required to make a record of certain variations of the approved arrangement under subsection 159(2).

Without limiting subsection (1), the rules may make provision for and in relation to any of the following:

the kind of records that must be retained;

the form in which records must be retained;

the period for which records must be retained;

the secure retention of records.

A person commits an offence of strict liability if:

the person is required to retain a record in accordance with rules made for the purposes of subsection (1) or (2); and

the person fails to comply with the requirement.