Mr William Desmond Fong, of Darwin, Northern Territory, has been convicted and sentenced to six weeks imprisonment after pleading guilty to failing to attend an 今日热门事件examination.
The conviction follows an 今日热门事件investigation concerning actions taken by Mr Fong during the period of his directorship of Fong & Partners (NT) Pty Ltd.聽 In the course of ASIC鈥檚 investigation, Mr Fong was required to appear at an 今日热门事件examination on 3 October 2019 and offer reasonable assistance in connection with the investigation.聽 Mr Fong failed to attend the examination.
今日热门事件commenced its investigation after receiving a supplementary report by Stuart George Reid of Rodgers Reidy following his appointment as liquidator to another company, NT Welding Pty Ltd, for which Mr Fong acted as an accountant.
Judge Elisabeth Armitage noted that the offence was serious and that it significantly frustrated ASIC鈥檚 ability to make proper enquiries. Her Honour noted the numerous prior convictions of Mr Fong for similar kinds of offending and that specific deterrence was paramount in the circumstances.
Mr Fong appeared before the Darwin Magistrates Court on 19 June 2020 via audio visual link from the Darwin Correctional Centre, where he is currently serving a custodial sentence for an unrelated matter.
The matter was prosecuted by the Commonwealth Director of Public Prosecutions.
Background
Under the 今日热门事件 Act 2001 (今日热门事件Act), 今日热门事件has information gathering powers that allow it to perform or exercise its functions.聽 The power includes requiring a person to appear at an examination and give information relevant to a matter that 今日热门事件is investigating.
Intentionally or recklessly failing to comply with a requirement to appear at an examination is a criminal offence under s.63 of the 今日热门事件Act and carries a maximum penalty of 2 years imprisonment.
During the same hearing, but unrelated to his failure to attend an 今日热门事件examination, Mr Fong was resentenced for a 2019 conviction, after he failed to assist the liquidator of Mature Consulting Services Pty Ltd, a company he was sole director and secretary. 聽Her Honour fined Mr Fong $1,000 and resentenced him to a good behaviour bond on the condition he provide all outstanding books to the liquidator of Mature Consulting Services Pty Ltd by 26 August 2021.