Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If 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.
Criminal 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 Commonwealth credit 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 referred to in subsection (2) ( see section 13.4 of the Criminal Code ).