Commonwealth Consolidated Acts

NATIONAL CONSUMER CREDIT PROTECTION ACT 2009 - SECT 227

Prohibition on concealing credit books etc.

  (1)   A person must not:

  (a)   conceal, destroy, mutilate or alter a credit book; or

  (b)   send a credit book out of this jurisdiction.

Civil penalty:   5,000 penalty units.

Offence

  (2)   A person commits an offence if:

  (a)   the person is subject to a requirement under subsection   (1); and

  (b)   the person engages in conduct; and

  (c)   the conduct contravenes the requirement.

Criminal penalty:   6 months imprisonment.

Defence

  (3)   For the purposes of subsections   (1) and (2), it is a defence if the person did not act with intent to:

  (a)   defraud; or

  (b)   prevent, delay or obstruct the carrying out of an examination, investigation or audit, or the exercise of a power, under this Act.

Note:   For the purposes of subsection   (2), a defendant bears an evidential burden in relation to the matter in subsection   (3) (see subsection   13.3(3) of the Criminal Code ).

Meaning of credit book

  (4)   Credit book means:

  (a)   a book (by whatever name it is known) that this Act requires to be kept; or

  (b)   a document that is:

  (i)   prepared; or

  (ii)   lodged with or submitted to ASIC; or

  (iii)   given to a person;

    under, or for the purposes of, this Act; or

  (c)   a book relating to the credit activities engaged in by a licensee or a credit representative; or

  (d)   a financial record.