Commonwealth Consolidated Acts

NATIONAL CONSUMER CREDIT PROTECTION ACT 2009 - SECT 228

Requirements in relation to falsification of credit books

  (1)   A person must not engage in conduct that results in the falsification of a credit book.

Civil penalty:   5,000 penalty units.

Offence

  (2)   A person commits an offence if:

  (a)   the person engages in conduct; and

  (b)   the conduct results in the falsification of a credit book.

Criminal penalty:   6 months imprisonment.

Defence

  (3)   For the purposes of subsections   (1) and (2), it is a defence if:

  (a)   the person acted honestly; and

  (b)   in all the circumstances, the act or omission constituting the offence should be excused.

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 ).