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 227   CONCEALING ETC. OF CREDIT BOOKS  
Prohibition on concealing credit books etc.

227(1)    
A person must not:

(a)    conceal, destroy, mutilate or alter a credit book; or

(b)    

send a credit book out of this jurisdiction.

Civil penalty: 5,000 penalty units.

Offence

227(2)    

A person commits an offence if:

(a)    the person is subject to a requirement under subsection (1) ; and

(b)    the person engages in conduct; and

(c)    the conduct contravenes the requirement.

Criminal penalty: 6 months imprisonment.

Defence

227(3)    
For the purposes of subsections (1) and (2) , it is a defence if the person did not act with intent to:

(a)    defraud; or

(b)    prevent, delay or obstruct the carrying out of an examination, investigation or audit, or the exercise of a power, under this Act.

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 ).

Meaning of credit book

227(4)    
Credit book means:

(a)    a book (by whatever name it is known) that this Act requires to be kept; or

(b)    a document that is:

(i) prepared; or

(ii) lodged with or submitted to ASIC; or

(iii) given to a person;

under, or for the purposes of, this Act; or

(c)    a book relating to the credit activities engaged in by a licensee or a credit representative; or

(d)    a financial record.