Mishandling records
145 Mishandling records
A person commits an offence if:
(a) the person intentionally deletes or otherwise disposes of a record; or
(b) the person intentionally transfers or offers to transfer the possession or control of a record; or
(c) the person is knowingly a party to an arrangement to transfer the possession or control of a record; or
(d) the person intentionally takes or sends a record out of the Territory; or
the person intentionally damages or alters a record; or
the person:
(i) intentionally treats a record in a way that is likely to result in the record being damaged; and
is reckless as to the record being damaged.
Maximum penalty: 200 penalty units or imprisonment for 12 months.
Subsection (1) does not apply to a person who:
(a) does an act mentioned in subsection (1) in compliance with a relevant practice or procedure of a public sector organisation; or
(b) does an act mentioned in subsection (1) in compliance with a standard applicable to a public sector organisation; or
(c) does an act mentioned in subsection (1) in compliance with this Act or another Act or with an instrument under this Act or another Act; or
(d) does an act mentioned in subsection (1) in compliance with a decision, direction, order or other requirement of a court or tribunal; or
(e) disposes of a record of the Legislative Assembly in accordance with a resolution of the Legislative Assembly; or
transfers a record to the Territory Archives; or
(g) does an act mentioned in subsection (1) for the purpose of placing a record in the possession or control of a public sector organisation.
(3) It is a defence to the prosecution of an offence against subsection (1) if:
(a) the defendant was acting in the ordinary course of the operations of a public sector organisation; or
(b) the defendant was acting in the course of his or her employment; or
(c) the defendant did not know, and could not reasonably have known, that he or she was dealing with a record.
Part 10 General offences and matters relating to liability
Division 1 General offences and related procedural matters
This Act’s bill:Second reading speech
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