Concealing etc. of credit books
227 Concealing etc. of credit books
Prohibition on concealing credit books etc.
A person must not:
conceal, destroy, mutilate or alter a credit book; or
send a credit book out of this jurisdiction.
Civil penalty: 5,000 penalty units.
Offence
A person commits an offence if:
the person is subject to a requirement under subsection (1); and
the person engages in conduct; and
the conduct contravenes the requirement.
Criminal penalty: 6 months imprisonment.
Defence
For the purposes of subsections (1) and (2), it is a defence if the person did not act with intent to:
defraud; or
prevent, delay or obstruct the carrying out of an examination, investigation or audit, or the exercise of a power, under this Act.
For the purposes of subsection (2), a defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).
Meaning of credit book
Credit book means:
a book (by whatever name it is known) that this Act requires to be kept; or
a document that is:
prepared; or
lodged with or submitted to ASIC; or
given to a person;
under, or for the purposes of, this Act; or
a book relating to the credit activities engaged in by a licensee or a credit representative; or
a financial record.
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