Co-operatives National Law (NSW)
484Falsification of books
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484 Falsification of books
484 Falsification of books
(1) Offence regarding securities or books
(cf Corporations Act s 1307 (1))
An officer, former officer, employee, former employee, member or former member of a co-operative who engages in conduct that results in the concealment, destruction, mutilation or falsification of—
(a) any securities of or belonging to the co-operative; or
(b) any books affecting or relating to affairs of the co-operative; or
(c) any record required to be sent, kept or delivered under this Law;
is guilty of an offence.
Maximum penalty—$10,000 or imprisonment for 2 years, or both.
(2) Offence—computerised and other books
(cf Corporations Act s 1307 (2))
Where matter that is used or intended to be used in connection with the keeping of any books affecting or relating to affairs of a co-operative is recorded or stored in an illegible form by means of a mechanical device, an electronic device or any other device, a person who—
(a) records or stores by means of that device matter that the person knows to be false or misleading in a material particular; or
(b) engages in conduct that results in the destruction, removal or falsification of matter that is recorded or stored by means of that device, or has been prepared for the purpose of being recorded or stored, or for use in compiling or recovering other matter to be recorded or stored by means of that device; or
(c) having a duty to record or store matter by means of that device, fails to record or store the matter by means of that device—
(i) with intent to falsify any entry made or intended to be compiled, wholly or in part, from matter so recorded or stored; or
(ii) knowing that the failure so to record or store the matter will render false or misleading in a material particular other matter so recorded or stored;
is guilty of an offence.
Maximum penalty—$10,000 or imprisonment for 2 years, or both.
(3) Defence
(cf Corporations Act s 1307 (3))
It is a defence to a charge arising under subsection (1) or (2) if the defendant proves that he, she or it acted honestly and that in all the circumstances the act or omission constituting the offence should be excused.