Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies to a facility if there is or was a permit to operate the facility during a particular year.
(2) The operator of a facility to which this section applies must:
(a) give the Director, by such day as is prescribed, a report in the approved form containing such information as is required by the form in relation to:
(i) the location, ownership and operation of the facility during the particular year; and
(ii) the plant or plants comprising, or comprising part of, the facility during a particular year; and
(iii) the chemicals dealt with at that facility during that particular year; and
(iv) the purposes to which those chemicals are put; and
(v) such other matters relevant to a declaration required to be given by Australia to the Organization under the Convention as are prescribed; and
(b) keep such records in relation to the facility, plants, the chemicals referred to in paragraph (a), as are required by the regulations; and
(c) prepare and give to the Director from those records, in such circumstances, and by such day, as is prescribed, a periodic report in the approved form containing such information as is required by the form; and
(d) prepare and give to the Director from those records, in such circumstances, and by such day, as is prescribed, a special report in the approved form containing such information as is required by the form.
(3) A person commits an offence if:
(a) the person refuses or fails to do an act; and
(b) the refusal or failure causes a contravention of subsection (2).
Penalty: Imprisonment for 2 years.
(3A) Subsection (3) does not apply if the person has a reasonable excuse.
Note: The defendant bears an evidential burden in relation to the matter in subsection (3A). See subsection 13.3(3) of the Criminal Code .
(4) The regulations relating to the keeping of records referred to in paragraph (2)(b) may include, but are not limited to, regulations relating to:
(a) the form and content of such records; and
(b) the period for which such records are to be kept.