Concealing books relevant to investigation
294 Concealing books relevant to investigation
If ASIC is investigating, or is about to investigate, a matter, a person must not:
in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a book relating to that matter; or
if a book relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the book out of that State or Territory or out of Australia.
Criminal penalty: 5 years imprisonment.
It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the Commonwealth credit legislation, nor to delay or obstruct an investigation, or a proposed investigation, by ASIC.
A defendant bears a legal burden in relation to a matter referred to in subsection (2) ( see section 13.4 of the Criminal Code).
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