145Mishandling records

145 Mishandling records (a) the person intentionally deletes or otherwise disposes of a record; or (b) the person intentionally transfers or offers to transfer the possession or control of a record; or (c) the person is knowingly a party to an arrangement to transfer the possession or control of a record; or (d) the person intentionally takes or sends a record out of the Territory; or (e) the person intentionally damages or alters a record; or (f) the person: (i) intentionally treats a record in a way that is likely to result in the record being damaged; and (ii) is reckless as to the record being damaged.

Information Act 2002 88 (2) Subsection (1) does not apply to a person who: (a) does an act mentioned in subsection (1) in compliance with a relevant practice or procedure of a public sector organisation; or (b) does an act mentioned in subsection (1) in compliance with a standard applicable to a public sector organisation; or (c) does an act mentioned in subsection (1) in compliance with this Act or another Act or with an instrument under this Act or another Act; or (d) does an act mentioned in subsection (1) in compliance with a decision, direction, order or other requirement of a court or tribunal; or (e) disposes of a record of the Legislative Assembly in accordance with a resolution of the Legislative Assembly; or (f) transfers a record to the Territory Archives; or (g) does an act mentioned in subsection (1) for the purpose of placing a record in the possession or control of a public sector organisation. (3) It is a defence to the prosecution of an offence against subsection (1) if: (a) the defendant was acting in the ordinary course of the operations of a public sector organisation; or (b) the defendant was acting in the course of his or her employment; or (c) the defendant did not know, and could not reasonably have known, that he or she was dealing with a record.