Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section sets out the post‑claim record‑keeping requirements that apply to you in relation to a grant or benefit in respect of a particular claim period.
(1A) If the claim was in relation to an energy grant, you must keep records that enable you to substantiate that you have not lost your entitlement to the grant because of the application of section 49 or 55 of the Energy Grants (Credits) Scheme Act 2003 .
(1B) You are taken to have met the requirements set out in subsection (1A) if you keep records of a kind, and in a manner, specified in a written determination made by the Commissioner.
(1C) The records must be:
(a) in English; or
(b) readily accessible, and easily convertible into English.
(1D) You must retain the records for the period of 5 years after the claim was made.
(2) You must continue to retain, for the period of 5 years after the claim was made, the records that the pre‑claim record‑keeping requirements set out in section 26 required you to retain.
(3) If the Commissioner gives you a written notice telling you to produce records that subsection (2) required you to retain, you must comply with the notice.
(4) A notice under subsection (3) must give you 28 days or more to comply, starting on the day after the notice is given. The Commissioner may allow you more time to comply with the notice.
(5) Despite subsection (2), it is not necessary to continue to retain records:
(a) if the Commissioner tells you that you do not need to retain them; or
(b) for a company that has been finally dissolved.
(6) Despite section 8C of the Taxation Administration Act 1953 , you do not commit an offence merely by not complying with a notice under subsection (3).
Note: Sections 8L, 8Q and 8T of the Taxation Administration Act 1953 deal with keeping records incorrectly.
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