Part 6Fees, offences and penalties, regulations, and other miscellaneous provisions
Offences
139Offences relating to registry
A person (other than a Registrar) with control of or access to a device on which registered information is stored electronically commits an offence if the person knowingly and without the consent of a Registrar (whether directly or by alteration of or damage to the device, its programming, any other device, the programming of any other device, or any electronic storage medium)—
- deletes or alters any information stored on the device; or
- allows any information stored on the device to be deleted or altered; or
- stores any information (whether correct or incorrect) on the device; or
- allows any information (whether correct or incorrect) to be stored on the device.
A Registrar commits an offence if the Registrar—
- knowingly (whether directly or by alteration of or damage to the device, its programming, any other device, the programming of any other device, or any electronic storage medium) does any of the following otherwise than in accordance with this Act:
- deletes or alters any registered information that is stored electronically on any device:
- allows any registered information that is stored electronically on any device to be deleted or altered:
- stores any information (whether correct or incorrect) on a device on which registered information is stored electronically by or on behalf of the Registrar-General:
- allows any information (whether correct or incorrect) to be stored on a device on which registered information is stored electronically by or on behalf of the Registrar-General; or
- deletes or alters any registered information that is stored electronically on any device:
- negligently loses or damages a document containing information recorded under this Act, or any part of such a document; or
- negligently allows it to be damaged; or
- negligently does any act referred to in paragraph (a).
A person who commits an offence against subsection (1) or (2)(a) is liable on conviction to imprisonment for a term not exceeding 5 years.
A Registrar who commits an offence against subsection (2)(b), (c), or (d) is liable on conviction to a fine not exceeding $1,000.
For the purposes of this section, a Registrar includes the Registrar-General and every Deputy Registrar-General.


