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AGRICULTURAL AND VETERINARY CHEMICAL PRODUCTS (COLLECTION OF LEVY) ACT 1994 - SECT 36

Records to be kept by applicants for registration of, and persons who import or manufacture, chemical products

  (1)   A person who applies for registration, or the renewal of registration, of a chemical product, or imports a chemical product into, or manufactures a chemical product in, Australia must:

  (a)   keep any records relating to the importation, manufacture or disposal of the product that may be necessary to work out the total leviable value in respect of the product for any period in respect of which levy may be payable in respect of leviable disposals of the product; and

  (b)   retain those records for 6 years.

  (2)   A person commits an offence of strict liability if the person contravenes subsection   (1).

Penalty:   50 penalty units.

Note:   For strict liability, see section   6.1 of the Criminal Code .

  (3)   Subsection   (1) is a civil penalty provision.

Note 1:   For monitoring and investigation powers of inspectors in relation to this Act, see Part   7AA of the Agricultural and Veterinary Chemicals (Administration) Act 1992 .

Note 2:   Division   1 of Part   7AB of the Agricultural and Veterinary Chemicals (Administration) Act 1992 provides for pecuniary penalties for contraventions of civil penalty provisions.

Note 3:   For infringement notices, enforceable undertakings and formal warnings in relation to contraventions of this provision, see Divisions   2, 3 and 6 of Part   7AB of the Agricultural and Veterinary Chemicals (Administration) Act 1992 .



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