(1) An employer shall keep, at the place where a young person or child is employed, such records as are necessary to show whether the provisions of this Act are being complied with in relation to his or her employees and such records shall be retained by the employer for at least 3 years.

(2) In any case where -

(a) there is a dispute between an employer and employee, or

(b) there is a prosecution for an offence under this Act,

and the records required to be kept by an employer under subsection (1) are not available, the onus of proving that the provisions of this Act have been complied with shall lie on the employer.

(3) An employer who contravenes subsection (1) shall be guilty of an offence.