Western Australian Current Acts Western Australian Current Acts (1) In this section
—
initial storage period , for an entry registration
record, means the period of 28 days (or, if a different period is prescribed
for the infectious disease emergency, that period) beginning on the day after
the day on which the information contained in the record was obtained.
(2) The responsible
person for an entry registration record must ensure that it is destroyed, in
accordance with subsection (8), as soon as practicable after the expiry of the
initial storage period for the record.
Penalty for this subsection: imprisonment for 12
months and a fine of $20 000.
(3) If a responsible
person for an entry registration record is required under the
Emergency Management Act 2005 or the Public Health Act 2016 to retain the
record for purposes relating to contact tracing for a specified period (the
extended period ) that extends beyond the initial storage period, the person
—
(a) must
retain the record for the extended period; and
(b) must
destroy the record, in accordance with subsection (8), as soon as practicable
after the end of the extended period.
Penalty for this subsection: imprisonment for 12
months and a fine of $20 000.
(4) Subsection (3) has
effect despite subsections (2), (6) and (7).
(5) Subsections (6)
and (7) do not apply to a person who is a responsible person solely because of
being the occupier or person apparently in charge of a place referred to in
paragraph (a) of the definition of entry registration information in
section 3.
(6) A responsible
person for an entry registration record is not required to destroy the record
if, at the expiry of the initial storage period for the record, the record
—
(a) is
required for contact tracing; or
(b) is
required in the investigation of an offence referred to in section 6(4); or
(c) is,
or is required as, evidence in proceedings for or in relation to an offence
referred to in section 6(4).
(7) A responsible
person for an entry registration record that is not destroyed in accordance
with subsection (2) because of the application of subsection (6)(a) must
ensure that the record is destroyed, in accordance with subsection (8), as
soon as practicable after it ceases to be required for contact tracing.
Penalty for this subsection: imprisonment for 12
months and a fine of $20 000.
(8) An entry
registration record must be destroyed either —
(a) in
the manner approved by the CEO; or
(b) if
no approval under paragraph (a) applies to the record — by taking all
reasonable steps to ensure that the entry registration information contained
in the record cannot be retrieved.