Hazardous Waste (Regulation of Exports and Imports) Regulations 1996

For the purposes of subsection 41D(1) of the Act, the following persons must make and retain the following records:

for a person who holds a permit under the Act in relation to the import, export or transit of hazardous waste:

each document (if any) that the person is required to keep in accordance with a condition of the permit; and

each other document that is made by the person, or that comes into the person’s possession, and is relevant to showing whether the person has complied, or is complying, with the permit or any requirements of the Act or regulations made under the Act;

for a person who has been notified under subsection 33G(1) of the Act that a transit permit is not required for carrying out a transit proposal—each document that:

is made by the person or that comes into the person’s possession; and

is relevant to showing whether the criteria mentioned in paragraphs 33G(1)(a), (b), (c) and (d) of the Act are satisfied, or continue to be satisfied, for the transit proposal;

for a person who has been given an order under Part 3 of the Act:

each document (if any) that the person is required to keep in accordance with the order; and

each other document that is made by the person, or that comes into the person’s possession, and is relevant to showing whether the person has complied, or is complying, with the order or any requirements of the Act or regulations made under the Act.

A person who is required to retain records under this section must retain each such record for at least the period of 5 years starting on the day the record is made by the person or comes into the person’s possession.

A person who is required to retain records under this section must retain each such record in a form that is:

dated with the date the document is created or with the date the document comes into the person’s possession; and

for a document created by the person—accurate and legible; and

able to be audited; and

in electronic or paper form.

If a record is not in English, the person must obtain a translation of the record into English and retain the translation for at least the period of 5 years starting on the day the translation is obtained.

A person who is required to retain a record under this section must:

not alter or deface the record; and

take reasonable steps to prevent the record from being altered or defaced by another person.

However, subsection (5) does not prevent a person from making notations or marking on the record in accordance with any ordinary practice.

If a person makes notations or markings on the record in accordance with ordinary practice, the person required to retain the record under this section must also retain, for at least the period mentioned in subregulation (2) or (4) (as applicable):

if reasonably practicable—a copy of the original record without notations or markings; and

copies of the record that show how the record has changed over time.

A person may commit an offence of strict liability or be liable to a civil penalty if the person is required to retain a record in accordance with this provision and the person fails to comply with the requirement (see subsections 41D(4) and (5) of the Act).