Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 10 - NATIONAL INFRASTRUCTURE  

Part 10.9 - Accounting records  

Division 490 - False dealing with accounting documents  

SECTION 490.2   Reckless false dealing with accounting documents  

(1)  
A person commits an offence if:


(a) the person:


(i) makes, alters, destroys or conceals an accounting document; or

(ii) fails to make or alter an accounting document that the person is under a duty, under a law of the Commonwealth, a State or Territory or at common law, to make or alter; and


(b) the person is reckless as to whether the making, alteration, destruction or concealment of the document (or the failure to make or alter the document) facilitates, conceals or disguises the occurrence of one or more of the following:


(i) the person receiving a benefit that is not legitimately due to the person;

(ii) the person giving a benefit that is not legitimately due to the recipient, or intended recipient, of the benefit;

(iii) another person receiving a benefit that is not legitimately due to the other person;

(iv) another person giving a benefit that is not legitimately due to the recipient, or intended recipient, of the benefit (who may be the first-mentioned person);

(v) loss to another person that is not legitimately incurred by the other person; and


(c) one or more of the circumstances referred to in subsection 490.1(2) applies.

(2)  
Absolute liability applies to paragraph (1)(c).

Note:

For absolute liability, see section 6.2 .

Penalty for individual

(3)  
An offence against this section committed by an individual is punishable on conviction by imprisonment for not more than 5 years, a fine not more than 5,000 penalty units, or both. Penalty for body corporate

(4)  
An offence against this section committed by a body corporate is punishable on conviction by a fine not more than the greatest of the following:


(a) 50,000 penalty units;


(b) if the court can determine the value of the benefit that the body corporate, and any body corporate related to the body corporate, have obtained directly or indirectly and that is reasonably attributable to the conduct constituting the offence - 1.5 times the value of that benefit;


(c) if the court cannot determine the value of that benefit - 5% of the annual turnover of the body corporate during the period (the turnover period ) of 12 months ending at the end of the month in which the conduct constituting the offence occurred.




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