A financial adviser convicted of giving false and misleading information to ASIC during an examination has been banned from providing financial services for 18 months.

Mr Brendan Birch Mallory Moore of New Town was convicted on 24 April 2007 in the Hobart Magistrates Court of making false and misleading statements under oath during an examination conducted by ASIC.

On 12 August 2008, ASIC banned Mr Moore from providing financial advice for 18 months on the ground that the 2007 conviction was one of fraud for the purposes of the Corporations Act.

Mr Moore applied to the Administrative Appeals Tribunal (AAT) for a review of that decision.

On 23 December 2008, the AAT refused his application and affirmed ASIC’s decision to ban Mr Moore. An order of the AAT restricting publication of details of the proceedings was vacated on 12 February 2009.

Mr Moore has appealed the AAT decision to the Federal Court of Australia. The hearing of the appeal is to occur in the week beginning 4 May 2009 in Hobart.

Editor's note:

On 18 March 2009, Mr Moore withdrew his appeal to the Federal Court against the AAT decision. ASIC's decision to ban Mr Moore for 18 months therefore remains in effect.