Retirement Savings Accounts Act 1997

PART 12 - OFFENCES RELATING TO RECORDS ETC.  

SECTION 151   INCORRECTLY KEEPING RECORDS ETC.  

151(1)    

Where:

(a) a person who is required under this Act or the regulations to keep any 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

(b) a person who is required under this Act or the regulations 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;

the person commits an offence punishable on conviction by a fine not exceeding 40 penalty units.

151(1A)    

Subsection (1) is an offence of strict liability.

Note 1:

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

Note 2:

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

151(2)    
In a prosecution of a person for an offence against subsection (1), it is a defence if the person proves that the person:

(a) did not know; and

(b) could not reasonably be expected to have known;

that:

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

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