147Offences related to investigations

147 Offences related to investigations

(1) A person must not, without reasonable excuse, intentionally or recklessly refuse or fail to comply with a requirement of the Regulator or an authorised person under this Division.

Penalty: 30 penalty units.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

(2) A person who knows that the Regulator or an authorised person is investigating, or is about to investigate, business of a body corporate under this Division must not, with intent to delay or obstruct the investigation or proposed investigation: (a) conceal, destroy, mutilate or alter a record relating to the business of the body corporate; or (b) if a record relating to that business is in a particular State or Territory—take or send the record out of that State or Territory or out of Australia. (3) A person who contravenes subsection (2) commits an offence punishable on conviction by imprisonment for not more than 6 months.

Note 1: Subsection 4B(2) of the Crimes Act 1914 allows a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment. If a body corporate is convicted of the offence, subsection 4B(3) of that Act allows a court to impose a fine of an amount that is not greater than 5 times the maximum fine that could be imposed by a court on an individual convicted of the same offence.

Note 2: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.