National Consumer Credit Protection Act 2009

CHAPTER 5 - ADMINISTRATION  

PART 5-3 - CONCEALMENT OR FALSIFICATION OF CREDIT BOOKS  

Division 2 - Prohibitions relating to the concealment or falsification of credit books  

SECTION 228   FALSIFICATION OF CREDIT BOOKS  
Requirements in relation to falsification of credit books

228(1)    

A person must not engage in conduct that results in the falsification of a credit book.

Civil penalty: 5,000 penalty units.

Offence

228(2)    

A person commits an offence if:

(a) the person engages in conduct; and

(b) the conduct results in the falsification of a credit book.

Criminal penalty: 6 months imprisonment.

Defence

228(3)    
For the purposes of subsections (1) and (2), it is a defence if:

(a) the person acted honestly; and

(b) in all the circumstances, the act or omission constituting the offence should be excused.

Note:

For the purposes of subsection (2), a defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code ).