National Consumer Credit Protection Act 2009

CHAPTER 6 - COMPLIANCE AND ENFORCEMENT  

PART 6-6 - OFFENCES UNDER THIS CHAPTER  

Division 2 - Offences  

SECTION 294   CONCEALING BOOKS RELEVANT TO INVESTIGATION  

294(1)    

If ASIC is investigating, or is about to investigate, a matter, a person must not:

(a) in any case - engage in conduct that results in the concealment, destruction, mutilation or alteration of a book relating to that matter; or

(b) if a book relating to that matter is in a particular State or Territory - engage in conduct that results in the taking or sending of the book out of that State or Territory or out of Australia.

Criminal penalty: 5 years imprisonment.

294(2)    
It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the Commonwealth credit legislation, nor to delay or obstruct an investigation, or a proposed investigation, by ASIC.

Note:

A defendant bears a legal burden in relation to a matter referred to in subsection (2) (see section 13.4 of the Criminal Code ).