Offences
78 Offences
A government organisation employee who does not keep a government record in accordance with the record keeping plan of the organisation, commits an offence.
A government organisation employee who, without lawful authority, transfers, or who offers to transfer, the possession of a government record to a person who is not entitled to possession of the record, commits an offence.
A government organisation employee who destroys a government record commits an offence unless the destruction is authorised by the record keeping plan of the organisation.
A person who destroys a government record while the record is the subject of a notice under section 52 or an application made, or order or warrant issued, under section 53, commits an offence.
A person who has unauthorised possession of a government record and who destroys that record, commits an offence unless the person owns the record.
It is a defence to a charge of an offence under subsection (2), (3), (4) or (5) to prove that the alleged act was done pursuant to —
a written law; or
an order or determination of a court or tribunal.
It is a defence to a charge of an offence under subsection (5) to prove that the person had no reasonable cause to suspect that the record was a government record.
Penalty: $10 000.
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