Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A government
organization employee who does not keep a government record in accordance with
the record keeping plan of the organization, commits an offence.
(2) A government
organization employee who, without lawful authority, transfers, or who offers
to transfer, the possession of a government record to a person who is not
entitled to possession of the record, commits an offence.
(3) A government
organization employee who destroys a government record commits an offence
unless the destruction is authorized by the record keeping plan of the
organization.
(4) A person who
destroys a government record while the record is the subject of a notice under
section 52 or an application made, or order or warrant issued, under
section 53, commits an offence.
(5) A person who has
unauthorized possession of a government record and who destroys that record,
commits an offence unless the person owns the record.
(6) It is a defence to
a charge of an offence under subsection (2), (3), (4) or (5) to prove
that the alleged act was done pursuant to —
(a) a
written law; or
(b) an
order or determination of a court or tribunal.
(7) It is a defence to
a charge of an offence under subsection (5) to prove that the person had
no reasonable cause to suspect that the record was a government record.
Penalty: $10 000.