New South Wales Consolidated Acts

LAW ENFORCEMENT CONDUCT COMMISSION ACT 2016 - SECT 152

152 Offences relating to documents or other things

(1) A person is guilty of an indictable offence if the person, knowing that any document or other thing is or may be required in connection with an examination or other investigation and with intent to prevent it from being used in connection with the examination or investigation--

(a) wilfully destroys the document or other thing or renders it incapable of identification, or

(b) in the case of a document, renders it illegible, indecipherable or unusable.

: Maximum penalty--100 penalty units or imprisonment for 2 years, or both.

(2) A person is guilty of an indictable offence if the person, with intent to delay or obstruct the carrying out of any examination or other investigation--

(a) destroys or alters any document or other thing relating to the subject-matter of the examination or investigation, or

(b) sends or attempts to send, or conspires with any other person to send, out of New South Wales any such document or other thing, or any property of any description belonging to or in the disposition of or under the control of any person whose affairs are the subject-matter of the examination or other investigation.

: Maximum penalty--200 penalty units or imprisonment for 5 years, or both.

(3) A person is guilty of an indictable offence if the person, with intent to delay or obstruct the carrying out of any investigation, or with intent to mislead the Commission--

(a) fabricates any document or other thing, and

(b) produces it in evidence to the Commission or in purported compliance with a production requirement.

: Maximum penalty--200 penalty units or imprisonment for 5 years, or both.

(4) If in any prosecution for an offence against subsection (2) it is proved that the person charged with the offence has destroyed or altered any document or other thing, or has sent or attempted to send, or conspired to send, out of New South Wales any such document or other thing, the onus of proving that in so doing the person had not acted in contravention of this section is on the person.