DESTROYING DOCUMENTS IS ILLEGAL - CRIMES ACT 1914 (CTH)

Subject: Crimes act - relating to the Destruction of Loan Application Documents References to the Destroying of Documents : i.e: Loan Application Documents, taken from the CRIMES ACT 1914 - SECT 39.2nd July 2013. The Detective from the Criminal Investigations Branch investigating our Formal complaint of fraud has executed warrants on The CBA, formally requesting ALL of the documents, including the ORIGINAL / WET INK Loan Application Documents. After ignoring the detective's initial requests - for over 8 months, the CBA have finally responded to the detectives formal requests for the ORIGINAL Loan Application documents by telling him that : " The CBA have destroyed the ORIGINAL Documents! " Commonwealth Consolidated Acts CRIMES ACT 1914 - SECT 39 Destroying evidence (1)A person commits an offence if: (a)the person knows that a book, document or thing of any kind is, or may be, required in evidence in a judicial proceeding; and (b)the person: (i) destroys the book, document or thing; or (ii) renders the book, document or thing illegible, undecipherable or incapable of identification; and (c) the person does so with the intention of preventing the book, document or thing from being used in evidence; and (d) the judicial proceeding is a federal judicial proceeding. Penalty: Imprisonment for 5 years. 2) Absolute liability applies to the paragraph (1)(d) element of the offence. Note: For absolute liability, see section 6.2 of the Criminal Code . CORPORATIONS ACT 2001 - SECT 286 Obligation to keep financial records (1) A company, registered scheme or disclosing entity must keep written financial records that: (a) correctly record and explain its transactions and financial position and performance; and (b) would enable true and fair financial statements to be prepared and audited. the obligation to keep financial records of transactions extends to transactions undertaken as trustee. Note: Section 9 defines financial records . Period for which records must be retained (2) The financial records must be retained for 7 years after the transactions covered by the records are completed. Strict liability offences 3) An offence based on subsection (1) or (2) is an offence of strict liability. Note: For strict liability , see section 6.1 of the Criminal Code . Record-keeping requirements Anti-Money Laundering and Counter-Terrorism Financing Act 2006 5.3 The Acts Interpretation Act 1901, which applies to all Commonwealth legislation, provides the following definitions which are applicable to the relevant record-keeping terms in the AML/CTF Act: document includes: (a) any paper or other material on which there is writing; (b) any paper or other material on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them; and (c) any article or material from which sounds, images or writings are capable of being reproduced with or without the aid of any other article or device. record includes information stored or recorded by means of a computer. writing includes any mode of representing or reproducing words, figures, drawings or symbols in a visible form. 6 Retention periods for records 6.3 Records of customer identification procedures are kept for the life of the customer relationship and an additional seven years after the reporting entity ceases to provide any designated services to the customer.