Section 11Part 3 — Care and Management of Records
Damaging, etc., of public records
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A person who, knowing that that person does not have proper authority under this Act to do so, intentionally —
damages or alters a public record of a public agency; or
disposes of such a public record or removes any public record from official custody,
commits an offence and is liable on summary conviction to a fine of two thousand dollars or to imprisonment for a term of six months, or to both.
Where a person's neglect of official duties results in damage to or the destruction of a public record, that neglect shall be grounds for discipline or dismissal of that person.
Proceedings referred to in subsection (1) shall not be instituted except by or with the consent of the Director of Public Prosecutions.
It shall be a sufficient defence to a charge under subsection (1) relating to a public record of a public agency, if it shall be made to appear to the court before which the charge is brought that the person so charged had reasonable cause to believe and did in fact believe that the damage, alteration, disposal or removal of the public record, was not in contravention of normal administrative practice.
A court that convicts a person of an offence under this section may order the convicted person to pay into the public treasury such amount as the court may determine for or towards expenses incurred or to be incurred in restoration of the public record.
Nothing in this section abrogates or restricts any other right or power to institute criminal or civil proceedings in respect of any act referred to in this section, but a payment made under subsection (5) is, to the extent of the amount paid, a defence in any civil proceedings for recovery of damages or compensation in respect of the same act or neglect.