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CORPORATIONS ACT 2001 - SECT 988A

Obligation to keep financial records

  (1)   A financial services licensee must (subject to subsection   (2)):

  (a)   keep financial records that correctly record and explain the transactions and financial position of the financial services business carried on by the licensee; and

  (b)   keep those records in accordance with the requirements of this Subdivision; and

  (c)   comply with the requirements of this Subdivision in relation to conversion of records into the English language (see subsection   988C(2)).

Note:   Failure to comply with this subsection is an offence (see subsection   1311(1)).

  (2)   The licensee does not contravene a requirement of this Subdivision merely because some or all of the records are kept as a part of, or in conjunction with, the records relating to any other business that is carried on by the licensee.

Note:   A defendant bears an evidential burden in relation to the matters in this subsection. See subsection   13.3(3) of the Criminal Code.


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