Enforcement snap-shot

July to March 2019

Personal insolvency related (Bankruptcy Act 1966)

  706 pre-referral enquiries [?] assessed   51 infringement notices [?] issued
   745 alleged offence referrals [?] assessed    79 briefs of evidence [?] forwarded to CDPP
  250 official cautions [?] issued 71 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, 706 PREs were assessed. Of these 435 did not require a detailed offence referral from the practitioner or the Official Trustee.

Alleged offence referrals:

745 offence referrals were assessed in the year, of which 581 were accepted for investigation.

Investigations

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

Compliance offences

During the year, 257 compliance investigations were completed. Of these, 113 alleged offenders complied with their obligations after Enforcement intervention.

Complex offences

During the year, 286 complex investigations were completed.

Infringement notices

During the year, 9 infringement notices were issued to registered trustees, with 42 issued to others*.

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

During the year, 7 infringement notices were withdrawn.

Prosecutions

64 persons were prosecuted for a total of 106 charges during the year. Of those, 8 charges were withdrawn, 90 proven with conviction, 7 were dismissed and 1 not proven.

The dollar value of those charges laid was $4,203,498.

Charges per offence

Offence

33


Fail to file statement of affairs (Section 54(1))

4

Conceal property of a bankrupt with intent to defraud (Section 263(1)(a))

1

Fail to comply with a direction by the trustee to deliver property (Section 265(1)(c))

6

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))

8

Conceal, remove, deal with property during bankruptcy (Section 265(4)(a))

8

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))

1

Disposes of, or creates a charge on any property during bankruptcy with intent to defraud creditors (Section 266(1))

8

Within 12 months before bankruptcy disposes of, or creates a charge on any property with intent to defraud creditors (Section 266(3))

13

Make a false declaration (Section 267(2))

6

Failure to comply with a Notice (Section 267B(1))

6

Obtain credit alone or jointly without disclosing bankruptcy or being party to a debt agreement >$3,000 (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))

7

Leave Australia with intent to defeat creditors (Section 272(1))

1

Bankrupt travels overseas and contravenes any condition imposed by trustee (Section 272(3))

Significant prosecutions

Media Release: VIC (Swindells) – Bankrupt convicted of making false statement

Media Release: QLD (Hull) – Bankrupt convicted of disposing of property prior to bankruptcy

PPSR related (Personal Property Securities Act 2009)

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

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