Superannuation Industry (Supervision) Act 1993

Where:

a person who is required under this Act, the regulations or the prudential standards to keep any accounts, accounting records or other records keeps them in such a way that they do not correctly record and explain the matters, transactions, acts or operations to which they relate; or

a person who is required under this Act, the regulations or the prudential standards to make a record of any matter, transaction, act or operation makes it in such a way that it does not correctly record the matter, transaction, act or operation;

Subsection (1) is an offence of strict liability.

Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

For strict liability, see section 6.1 of the Criminal Code.

In a prosecution of a person for an offence against subsection (1), it is a defence if the person proves that the person:

did not know; and

could not reasonably be expected to have known;

in the case of a prosecution for an offence against subsection (1) by virtue of paragraph (a)—the accounts, accounting records or other records to which the prosecution relates did not correctly record and explain the matters, transactions, acts or operations to which they relate; or

in the case of a prosecution for an offence against subsection (1) by virtue of paragraph (b)—the record to which the prosecution relates did not correctly record the matter, transaction, act or operation to which the record relates.

A defendant bears a legal burden in relation to the matters in subsection (2) (see section 13.4 of the Criminal Code).