THE CORPORATIONS LAW

CHAPTER 7 - SECURITIES

PART 7.14 - MISCELLANEOUS

SECTION 1118   FALSIFICATION OF RECORDS  

1118(1)  [Falsification of records prohibited]  

Where matter that is used or intended to be used in connection with the keeping of a book required to be kept under this Chapter or a register or any accounting or other record referred to in section 1116 is recorded or stored in an illegible form by means of a mechanical device, an electronic device or any other device, a person shall not:

(a)  record or store by means of that device matter that the person knows to be false in a material particular or materially misleading;

(b)  destroy, remove or falsify matter that is recorded or stored by means of that advice, or has been prepared for the purpose of being recorded or stored, or for use in compiling other matter to be recorded or stored, by means of that device; or

(c)  fail to record or store matter by means of that device with intent to falsify any entry made or intended to be compiled, wholly or in part, from that matter.

1118(2)  [Defence]  

In a prosecution of a person for a contravention of subsection (1), it is a defence if it is proved that the person acted honestly and that in all the circumstances the act or omission constituting the offence should be excused.