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reg 32

Making records available

In force

32 Making records available

(1)

In this regulation —

records means the documents and records mentioned in regulation 31(2).

(2)

The operator of an activity must make available, in accordance with this regulation, copies of the records for the activity.

Penalty: a fine of $4 000.

(3)

The operator must make copies of the records available to —

(a)

the Minister, on request in writing by the Minister; and

(b)

an inspector, on request in writing by the inspector.

(4)

If the person making a request under subregulation (3) states that copies of the records must be made available to an agent of the person, the operator must make the copies available to the agent.

(5)

However, if —

(a)

a request is made under subregulation (3)(a) by a delegate of the Minister and the operator requests written evidence of the delegation; or

(b)

a request is made under subregulation (3)(b) and the operator requests the inspector to produce written evidence of the inspector’s appointment; or

(c)

a person making a request under subregulation (3) states that copies of the records must be made available to an agent of the person and the operator requests the agent to produce written evidence of the appointment of the agent,

the operator is not required to make the copies of the records available unless the evidence is produced to the operator.

(6)

The copies of the records must be made available —

(a)

in the case of an emergency relating to the activity — as soon as possible (whether or not that is during the emergency); or

(b)

in any other case — during normal business hours on any day (other than a Saturday, a Sunday or a public holiday).

(7)

The copies of the records must be made available at the operator’s nominated address or, if agreed between the operator and the Minister, at any other place (including by means of electronic transmission to a person at that place).

(8)

If the records are stored on a computer, the records must be made available in paper form or, if agreed between the operator and the Minister, in electronic form.

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