Victorian Consolidated Legislation

Charities Act 1978 - SECT 16

Offence

16. Offence



(1) A person who-

   (a)  conceals, destroys, mutilates or alters any of the documents which
        have been or may be required to be produced under this Part; or

   (b)  sends, causes to be sent or conspires with another person to send out
        of the State any of those documents-

shall be guilty of an offence.

(2) An offence against subsection (1) is an indictable offence the penalty in
respect of which is a term of imprisonment for a period not exceeding five
years.

(3) Notwithstanding that an offence against subsection (1) is an indictable
offence, the Magistrates' Court may hear and determine proceedings for an
offence against subsection (1) if the court is satisfied that it is proper to
do so and where the court convicts a person of an offence against subsection
(1) that person shall be liable to a penalty of a term of imprisonment for a
period not exceeding two years.

(4) In a prosecution for an offence under subsection (1) it is a defence if
the person charged with the offence proves that he did not act with intent to
defeat the purposes of this Part or to delay or obstruct the carrying out of
an inquiry under this Part.