Enforcement snap-shot

March quarter 2018

Personal insolvency related (Bankruptcy Act 1966)

  220 pre-referral enquiries [?] assessed   11 infringement notices [?] issued
   200 alleged offence referrals [?] assessed   32 briefs of evidence [?] forwarded to CDPP
  59 official cautions [?] issued 18 briefs accepted for prosecution by CDPP [?]

Offence referrals and investigations

Pre-referral enquiries:

During the quarter, 220 PREs were assessed. Of these 154 did not require a detailed offence referral from the practitioner.

Alleged offence referrals:

200 alleged offence referrals were assessed in the quarter, of which 155 were accepted for investigation.

Investigations

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

Compliance offences [?]
During the quarter, 90 compliance investigations were completed.

Complex offences [?]
During the quarter, 77 complex investigations were completed.

Infringement notices

During the quarter, 2 infringement notices were issued to registered trustees, with 9 issued to others*.

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

Of the 11 infringement notices issued during the quarter, 10 were paid and one was withdrawn.

Prosecutions

29 persons were prosecuted for a total of 50 charges during the quarter. Of those, 7 charges were withdrawn, 1 dismissed, 37 proven with conviction, and 5 proven without conviction. The dollar value of those charges laid was $1,014,854.

Charges per offence March quarter 2018 Offence
10 Fail to file statement of affairs (Section 54(1))
3 Fail to disclose information about property and its value (Section 265(1)(a))
1 Fail to disclose particulars of disposition of property within 2 year period immediately preceding date of bankruptcy (Section 265(1)(b))
6 Fail to disclose information about examinable affairs (Section 265(1)(ca))
2 Omit material particular from a statement relating to any of the bankrupt’s examinable affairs (Section 265(1)(f))
2 Conceal, remove, deal with property during bankruptcy (Section 265(4)(a))
1 Conceal, remove, deal with property within 12 months of bankruptcy (Section 265(4)(a) read with 265(7))
1 Disposes of, or creates a charge on any property during bankruptcy with intent to defraud creditors (Section 266(1))
1 Within 12 months before bankruptcy disposes of, or creates a charge on any property with intent to defraud creditors (Section 266(3))
6 Make a false declaration (Section 267(2))
9 Failure to comply with a Notice (Section 267B(1))
8 Leave Australia with intent to defeat creditors (Section 272)

Significant prosecutions

Media Release: QLD (Toh-Knight) Former bankrupt pleads guilty for concealing more than $600,000 gambling win
Media Release: QLD (Searle) – Bankrupt convicted for failing to declare full details
Media Release: VIC (Frediani) – Bankrupt convicted for failing to declare income and assets
Media release: Jarrod McCracken found guilty of four offences
Media release: NSW (Quinn) – Bankrupt convicted for disposing of property and making a false declaration

PPSR related (Personal Property Securities Act 2009)

One offence referral was assessed in the quarter, which was 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.