Wayne Thomas Fraser, an accountant and tax agent from Dural NSW and director of Maxum Enterprises Pty Ltd, has been charged for allegedly making or authorising the filing of false or misleading documents with ASIC.

Following an ASIC Investigation conducted as part of the Serious Financial Crime Taskforce, Mr Fraser 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.

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.’

ASIC alleges that Mr 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 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).

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.

Background

The ATO-led Serious Financial Crime Taskforce brings together the knowledge, resources and experience of relevant law enforcement and regulatory agencies to identify and address the most serious and complex forms of financial crime. For more information on the SFCT, visit ato.gov.au/SFCT.

Editor’s Note:

The matter has been adjourned to 24 October 2024.