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20-174MR NSW director charged with making false statement to ASIC
Mr David Robert Maclachlan of Batemans Bay, New South Wales, has been charged with making a false or misleading statement to ASIC.
An ASIC investigation alleges that in April 2018 Mr Maclachlan, a former director of Auslead Pty Ltd ACN 072 539 701 (deregistered), made a false or misleading statement on a form that he lodged with ASIC to deregister Auslead Pty Ltd.
ASIC alleges that Mr Maclachlan falsely declared in the deregistration form that Auslead Pty Ltd had no outstanding liabilities. At the time of lodging the deregistration form, Auslead Pty Ltd had $108,000 in outstanding liabilities.
The matter was mentioned in the Batemans Bay Local Court on 27 July 2020. The case has been adjourned for further mention on 14 September 2020.
The matter is being prosecuted by the Commonwealth Director of Public Prosecutions.
Making a false or misleading statement to ASIC is a breach of s1308 of the Corporations Act and carries a maximum penalty of five years imprisonment.
On 14 September 2020, Mr Maclachlan pleaded not guilty to the charges. A hearing is scheduled from 28 January 2021.
Editor's note 2:
On 10 December 2020, Mr Maclachlan’s hearing was rescheduled to 29 and 30 April 2021.
Editor's note 3:
On 29 & 30 April 2021, the matter was heard in the Batemans Bay Local Court and has been adjourned to 23 August 2021 for judgment.
Editor's note 4:
On 21 July 2021, Mr Maclachlan was found guilty of contravening s1308(2) of the Corporations Act. Pursuant to s19B of the Crimes Act, Mr Maclachlan was discharged without proceeding to conviction.