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Accountant charged with making false statements to ASIC

Regulation

A Dural accountant and tax agent has been charged for lodging forms that were allegedly false or misleading in relation to three companies.

By Miranda Brownlee 11 minute read

In a statement published today, ASIC said that Wayne Thomas Fraser has been charged for allegedly making or authorising the filing of false or misleading documents with ASIC.

Fraser is an accountant and tax agent from Dural NSW and director of Maxum Enterprises Pty Ltd. 

He appeared in the Downing Centre Local Court on 1 October 2024 to answer charges that on 16 occasions between 5 October 2017 and 16 January 2019, he contravened s1308(2) of the Corporations Act 2001 (Cth) as the law applied at that time.

The charges follow an ASIC investigation conducted as part of the Serious Financial Crime Taskforce.

ASIC has alleged that Fraser lodged or caused to be lodged forms relating to the following companies that were false or misleading in a material particular:

  • Five forms relating to Embrace Australia Pty Ltd,
  • Five forms relating to Situbusit Pty Ltd, and
  • Six forms relating to Maiorana Marketing Pty Ltd.

The Corporate Regulator said that the forms lodged for these three companies related to the appointment and resignation of directors (Form 484), notifications of resolution (Form 205), reports on company activities and property (Form 507), minutes of meetings (Form 5011) and information of company affairs sent to creditors (Form 5604).

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ASIC deputy chair Sarah Court said professional advisers who use ASIC’s register as part of their business are in a privileged position as gatekeepers.

“ASIC takes the abuse of our registers seriously. Ensuring the public can trust information about who controls a company is critical,” said Court. 

Each of the 16 charges carries a maximum penalty of 5 years imprisonment and a fine of up to $42,000.

The matter is being prosecuted by the Commonwealth Director of Public Prosecutions.

Miranda Brownlee

Miranda Brownlee

AUTHOR

Miranda Brownlee is the deputy editor of SMSF Adviser, which is the leading source of news, strategy and educational content for professionals working in the SMSF sector.

Since joining the team in 2014, Miranda has been responsible for breaking some of the biggest superannuation stories in Australia, and has reported extensively on technical strategy and legislative updates.
Miranda also has broad business and financial services reporting experience, having written for titles including Investor Daily, ifa and Accountants Daily.

You can email Miranda on: miranda.brownlee@momentummedia.com.au
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