Unfortunately, SOPS, in Australia it's worth another 6 months in the Bluestone College to erase the CVR in those circumstances.
If our bizarre new legislation gets through,
and barring very quick action by people smarter than me it will pass the Representatives on 16th September, erasing the CVR on shutdown would have earned Captain Porridge another six months! Section 24 is long but it provides for 6 months imprisonment for a person who hinders an investigation ... that could be conducted at a later time into an immediately reportable matter. (See
www.airsafety.com.au/trinvbil/c619tsib for the full text of Section 24.)
Don't imagine ATSB can't find out that you erased the CVR, either. ATSB can call F/O Lingquison in for an Interrogation under Section 32. He cannot refuse to answer questions on the grounds of self-incrimination. He has no right to be accompanied by a legal or Union representative (or even a mate) during the Interrogation. So ATSB will ask Lingquison whether the CVR was erased. What does he say? Of course, in the real world, he is very frightened and alone and sees his career crashing in front of him so he says yes the CVR was erased. When asked he says Porridge did it. See
www.airsafety.com.au/trinvbil/c619tsib.htm for the full text of Section 32 on Interrogations).
A safer course might be to pull the CVR circuit breaker when entering Australian airspace. I am personally ashamed that my own country can consider introducing such ill-considered legislation.