Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person must not:
(a) conceal, destroy, mutilate or alter a book:
(i) relating to the business carried on by a financial services licensee or an authorised representative of such a licensee; or
(ii) required under a provision of this Chapter to be kept by a market licensee, a CS facility licensee, a financial services licensee or an authorised representative of a financial services licensee; or
(b) send such a book out of this jurisdiction.
Note: Failure to comply with this subsection is an offence (see subsection 1311(1)).
(2) In any proceedings against a person for an offence based on subsection (1), it is a defence if the person did not act with intent to:
(a) defraud; or
(b) defeat the objects of this Chapter; or
(c) prevent, delay or obstruct the carrying out of an examination, investigation or audit, or the exercise of a power, under this Chapter.
Note: A defendant bears an evidential burden in relation to the matters in subsection (2). See subsection 13.3(3) of the Criminal Code .