An offence under s 6K(1)(c)(i) of the Royal Commissions Act 1902 (Cth) does not require proof that the accused knew of an actual decision by the Royal Commission to require specific documents in evidence; awareness of a real possibility that documents may be required suffices. Circumstantial evidence such as the timing of destruction relative to a notice to produce, concealment of the destruction process, unusual methods of disposal, and concealment of records of the disposal may support an inference of recklessness. A person who fails to take readily available steps to ascertain the nature of the risk (such as examining documents or seeking legal advice) does not thereby render their conduct other than reckless.
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