Record keeping generally
84 Record keeping generally
This Part sets out the records that a prescribed practitioner must keep for the purposes of section 107(2)(d) of the Act.
A record required to be kept by a prescribed practitioner under this Part is required to be kept—
at the practitioner’s business premises or in another secure place, or
at another location, or in another way, approved by the Secretary.
A record must be kept securely and must be in a form that can be readily inspected.
A record must be kept under this Part for the period of at least 10 years, beginning on the date on which completion of building work occurs within the meaning of the Environmental Planning and Assessment Act 1979, section 6.20(2), as if a reference to a building or building work in that Act is a reference to a building or building work in the Act.
Note—
While this Part may not require a document to be kept for more than 10 years, other legislation may impose a requirement that the document be kept longer.
A requirement to retain records continues to apply to a practitioner even if the practitioner ceases to be a prescribed practitioner.
A prescribed practitioner must not fail to comply with a requirement under this Part.
Maximum penalty—200 penalty units for a body corporate or 100 penalty units for an individual.
It is a defence to a prosecution for an offence under subclause (6) if the defendant satisfies the court that the defendant had a reasonable excuse for the alleged failure to keep a record for the purposes of this Part.
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