THE CORPORATIONS LAW

CHAPTER 8 - THE FUTURES INDUSTRY

PART 8.8 - MISCELLANEOUS

SECTION 1271   CONCEALING ETC. BOOKS RELATING TO FUTURES CONTRACTS  

1271(1)  [Contravention of subsection]  

A person who:

(a)  in any case - conceals, destroys, mutilates or alters a book relating to the business carried on by a futures broker or required under this Law to be kept by the holder of a licence; or

(b)  where such a book is in this jurisdiction - sends or takes, or causes the sending or taking of, the book out of Australia;

contravenes this subsection.

1271(2)  [Defence]  

In a prosecution of a person for an offence under subsection (1), it is a defence if it is established that the person did not act with intent to defraud, to defeat the purposes of this Law or the ASIC Law or to prevent, delay or obstruct the carrying out of an examination, investigation or audit, or the exercise of a power or authority, under this Law or the ASIC Law.


 

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