Following an ASIC investigation, Mr Adrian Maxwell Ballintine, 62, of Brighton in Victoria, has been charged with three counts of authorising the making of a false or misleading document required under the Corporations Act.

The charges were brought by ASIC following an investigation into NewSat Limited (NewSat), a company formerly listed on the Australian Securities Exchange.

ASIC alleges that on three separate occasions between 18 January 2012 and 15 September 2012, Mr Ballintine, a director and former chief executive officer of NewSat, authorised the making of three invoices that were false or misleading contrary to section 1308(2) of the Corporations Act. ASIC alleges that those invoices caused NewSat to make payments amounting to $357,000 to a private company associated with Mr Ballintine.

Each of the charges carries a maximum penalty of five years' imprisonment.

The charges have been listed for a filing hearing to be held on 16 January 2018.

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

Background

NewSat was a satellite communications provider that was listed on the Australian Securities Exchange until 31 August 2015.

On 17 April 2015, receiver managers were appointed to NewSat. On 7 August 2015 the company entered into liquidation.

Mr Jason Dermot Cullen, an accountant engaged to provide services to NewSat Limited has also been charged with two counts under section 1308(2) of the Corporations Act.

Editor's note 1:

On 16 January 2018, the matter was heard and listed for mention on 6 March 2018.

Editor's note 2:

A committal mention was held on 6 March 2018 and adjourned for further mention to 10 April 2018.

Editor's note 3:

On 10 April 2018, the charges were set down for a committal hearing to commence on 20 September 2018.

Editor's note 4:

On 24 September 2018, the County Court of Victoria ordered that the trial of the charges commence on 23 September 2019.