40HCustomer‑generated financial transaction documents relating to operation of accounts

40H Customer‑generated financial transaction documents relating to operation of accounts

(1) A financial institution is guilty of an offence if:

(a) it does not retain, for the minimum retention period, either the original or a copy of a customer‑generated financial transaction document; and

(b) the document relates to the operation of an account held with the institution; and

(c) the document is not a cheque or payment order.

Penalty: 100 penalty units.

(2) Subsection (1) does not apply to a document that relates to a single deposit, credit, withdrawal, debit or transfer of an amount not exceeding:

(a) $200; or

(b) such higher amount as is specified in the regulations for the purposes of this subsection.

Note 1: A defendant bears an evidential burden in relation to the defence in subsection (2) (see subsection 13.3(3) of the Criminal Code).

Note 2: Subsection (1) also does not apply to documents relating to certain transferred accounts (see sections 40L and 40P).

(3) An offence against this section is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.