151Incorrectly keeping records etc.

#### 151 Incorrectly keeping records etc. (1) Where: (a) a person who is required under this Act or the regulations to keep any records keeps them in such a way that they do not correctly record and explain the matters, transactions, acts or operations to which they relate; or (b) a person who is required under this Act or the regulations to make a record of any matter, transaction, act or operation makes it in such a way that it does not correctly record the matter, transaction, act or operation; the person commits an offence punishable on conviction by a fine not exceeding 40 penalty units. (1A) Subsection (1) is an offence of strict liability. > Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. > Note 2: For strict liability, see section 6.1 of the Criminal Code. (2) In a prosecution of a person for an offence against subsection (1), it is a defence if the person proves that the person: (a) did not know; and (b) could not reasonably be expected to have known; that: (c) in the case of a prosecution for an offence against subsection (1) by virtue of paragraph (1)(a)—the records to which the prosecution relates did not correctly record and explain the matters, transactions, acts or operations to which they relate; or (d) in the case of a prosecution for an offence against subsection (1) by virtue of paragraph (1)(b)—the record to which the prosecution relates did not correctly record the matter, transaction, act or operation to which the record relates.