59Failure to keep proper records

59 Failure to keep proper records (1) A person who is required under a tax law to keep any accounts, accounting records or other records must not keep them in such a way that they do not correctly record and explain the matters, transactions, acts or operations to which they relate. Maximum penalty: 30 penalty units.

(2) It is a defence to a charge under subsection (1) that the person did not know, and could not reasonably be expected to have known, that the accounts, accounting records or other records did not correctly record and explain the matters, transactions, acts or operations to which they relate. (3) A person who is required under a tax law to make a record of any matter, transaction, act or operation must not make it in such a way that it does not correctly record the matter, transaction, act or operation. Maximum penalty: 30 penalty units. (4) It is a defence to a charge under subsection (3) that the person did not know, and could not reasonably be expected to have known, that the record did not correctly record the matter, transaction, act or operation.