National Consumer Credit Protection Act 2009

A licensee must:

keep financial records that correctly record and explain the transactions and financial position of any business of engaging in credit activities carried on by the licensee; and

keep those records in accordance with this Division; and

comply with subsection 90(2) in relation to the conversion of records into the English language; and

comply with section 91 in relation to the location and production of records and particulars.

Financial records includes:

invoices, receipts, orders for the payment of money, bills of exchange, cheques, promissory notes and vouchers; and

documents of prime entry; and

any trust account statement or trust account report required under section 100.

A person commits an offence if:

the person is subject to a requirement in relation to financial records under subsection (1); and

the person engages in conduct; and

the conduct contravenes subsection (1).

A licensee does not contravene this Division merely because some or all of the financial records are prepared as a part of, or in conjunction with, the records relating to any other business that is carried on by the licensee.

For the purposes of subsection (3), a defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3) of the Criminal Code).