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AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION ACT 2001 - SECT 67

Concealing books relevant to investigation

  (1)   Where 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.

Penalty:   5 years imprisonment.

  (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 corporations 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 mentioned in subsection   (2), see section   13.4 of the Criminal Code .


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