Enforcement snap-shot

2018-19 YTD (September quarter)

Personal insolvency related (Bankruptcy Act 1966)

  233 pre-referral enquiries [?] assessed   10 infringement notices [?] issued
   253 alleged offence referrals [?] assessed   15 briefs of evidence [?] forwarded to CDPP
  73 official cautions [?] issued 33 briefs accepted for prosecution by CDPP* [?] 
*Include a portion of the briefs prepared and referred to the CDPP in the previous financial year.

Offence referrals and investigations

Pre-referral enquiries:

During the year, 233 PREs were assessed. Of these 141 did not require a detailed offence referral from the practitioner or the Official Trustee.

Alleged offence referrals:

253 offence referrals were assessed in the year, of which 200 were accepted for investigation.

Investigations

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

Compliance offences [?]
During the year, 56 compliance investigations were completed. Of these, 30 alleged offenders complied with their obligations after Enforcement intervention.

Complex offences [?]
During the year, 67 complex investigations were completed.

Infringement notices

During the year, 1 infringement notice was issued to a registered trustee, with 9 issued to others*.

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

During the year, two infringement notices were withdrawn.

Prosecutions

25 persons were prosecuted for a total of 44 charges during the year. All were proven with conviction. The dollar value of those charges laid was $3,516,439.

Charges  per offence Offence
13 Fail to file statement of affairs (Section 54(1))
4 Fail to disclose information about examinable affairs (Section 265(1)(ca))
1 Omit material particular from a statement relating to any of the bankrupt’s examinable affairs (Section 265(1)(f))
6 Conceal, remove, deal with property during bankruptcy (Section 265(4)(a))
3 Conceal, remove, deal with property within 12 months of bankruptcy (Section 265(4)(a) read with 265(7))
1 Incur any debt or liability by fraud during bankruptcy (Section 265(5)(b))
4 Make a false declaration (Section 267(2))
2 Failure to comply with a Notice (Section 267B(1))
4 Obtain credit alone or jointly without disclosing bankruptcy or being party to a debt agreement >$3,000 (Section 269(1)(a))
6 Leave Australia with intent to defeat creditors (Section 272)

Significant prosecutions

Media Release: NSW (Mosesian) – Bankrupt convicted after transferring money to family and friends

Media release: SA (VADASZ) Bankrupt piling contractor guilty of obtaining credit without disclosing bankruptcy

Media release: NSW (Zannettides) – Bankrupt convicted for incurring a debt by fraud and preparing to leave Australia without the trustee’s consent

Media release: NSW (Fizelle) – Bankrupt convicted for disposing of money before becoming bankrupt

PPSR related (Personal Property Securities Act 2009)

During the year, three referrals were assessed for alleged contraventions of civil penalty provisions of the Personal Property Securities Act 2009. These referrals were rejected.