Enforcement snap-shot

April to June 2018 quarter

Personal insolvency related (Bankruptcy Act 1966)

  221 pre-referral enquiries [?] assessed   22 infringement notices [?] issued
   209 alleged offence referrals [?] assessed   33 briefs of evidence [?] forwarded to CDPP
  48 official cautions [?] issued 30 briefs accepted for prosecution by CDPP [?] 

Offence referrals and investigations

Pre-referral enquiries:

During the quarter, 221 PREs were assessed. Of these 143 did not require a detailed offence referral from the practitioner.

Alleged offence referrals:

209 offence referrals were assessed in the quarter, of which 139 were accepted for investigation.

Investigations

We assess alleged offence referrals for investigation as either compliance or complex offence matters.

Compliance offences [?]
During the quarter, 108 compliance investigations were completed. Of these, 34 alleged offenders complied with their obligations after Enforcement intervention.

Complex offences [?]
During the quarter, 65 complex investigations were completed.

Infringement notices

During the quarter, 3 infringement notices were issued to registered trustees, with 19 issued to others*.

*Others includes petitioning creditors, RDAAs, controlling trustees and executors for deceased estates.

Of the 22 infringement notices issued during the quarter, 20 were paid and 2 were withdrawn.

Prosecutions

37 persons were prosecuted for a total of 81 charges during the quarter. Of those, 8 charges were withdrawn, 9 dismissed, 51 proven with conviction, and 13 proven without conviction. The dollar value of those charges laid was $3,924,179.00.

Charges per offence March quarter 2018 Offence
14 Fail to file statement of affairs (Section 54(1))
1 Refuse or fail to comply with a notice under section 139ZQ (Section 139ZT(1))
1 Conceal property of a bankrupt with intent to defraud creditors (Section 263(1)(a))
7 Fail to disclose information about examinable affairs (Section 265(1)(ca))
1 Fail to deliver books that relate to examinable affairs (Section 265(1)(e))
1 Omit material particular from a statement relating to any of the bankrupt’s examinable affairs (Section 265(1)(f))
1 Refuse or fail to comply with a requirement under section 77A or 130 (Section 265A(1))
2 Conceal, remove, deal with property during bankruptcy (Section 265(4)(a))
16 Conceal, remove, deal with property within 12 months of bankruptcy (Section 265(4)(a) read with 265(7))
4 Incur any debt or liability by fraud within 12 months of bankruptcy (Section 265(5)(b) read with 265(7)
1 Within 12 months before bankruptcy disposes of, or creates a charge on any property with intent to defraud creditors (Section 266(3))
12 Make a false declaration (Section 267(2))
4 Failure to comply with a Notice (Section 267B(1))
3 Incur debts while having no reasonable or probable expectation to repay within 2 years prior to bankruptcy (Section 265(8)
5 Obtain credit alone or jointly without disclosing bankruptcy or being party to a debt agreement >$3,000 (Section 269(1)(a))
1 Attempt to obtain credit alone or jointly without disclosing bankruptcy or being party to a debt agreement >$3,000 (Section 11.1 Criminal Code Act 1995, section 269(1)(a))
2 Obtain goods or services alone or jointly without disclosing bankruptcy or being party to a debt agreement by promising to pay >$3,000 (Section 269(1)(ac))
5 Leave Australia with intent to defeat creditors (Section 272)

Significant prosecutions

Media release: VIC (Boulad) – Convicted for removing property and failing to comply with trustee’s direction

Media release: NSW (Ulucanli) – Bankrupt sentenced to imprisonment

Media release: NSW (Xenos) – Bankrupt convicted for obtaining credit without disclosing his bankruptcy

Media release: VIC (Mandri) Former Bankrupt ordered to perform 18 months community service for making false declarations

PPSR related (Personal Property Securities Act 2009)

Two offence referrals wwere assessed in the quarter, both were rejected for investigation.

Please note, these are preliminary results for the quarter and due to the timing of the completion of matters may be subject to change—particularly when considered in the context of annual results.