Concealing or disposing of government information to prevent access or correction
147 Concealing or disposing of government information to prevent access or correction
A person commits an offence if:
(a) the person intentionally conceals, or destroys or otherwise disposes of, information; and
the information is government information; and
(c) the person is reckless that concealing, or destroying or otherwise disposing of, the information prevents a public sector organisation from providing access to or correcting the information.
Maximum penalty: 100 penalty units or imprisonment for 6 months.
Strict liability applies to subsection (1)(b).
(2) For subsection (1), it is irrelevant whether or not an application under Part 3, Division 2 for access to the information had been made.
(3) Subsection (1) does not apply to a person who destroys or otherwise disposes of government information:
(a) in the ordinary course of the operations of a public sector organisation; or
(b) in compliance with a relevant practice or procedure of a public sector organisation; or
(c) in compliance with a standard applicable to a public sector organisation; or
(d) in compliance with this Act or another Act or with an instrument under this Act or another Act; or
(e) in compliance with a decision, direction, order or other requirement of a court or tribunal; or
(f) if the information had been held by or on behalf of the Legislative Assembly and the destruction or other disposal is in accordance with a resolution of the Legislative Assembly.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.