Mr Mark Edwin Armstrong, 59, of Dunsborough in Western Australia, has been convicted after pleading guilty to making a false or misleading statement to ASIC.

Mr Armstrong, a former director of BAC Enterprises Pty Ltd (In Liquidation) ACN 083 222 486 (BAC Enterprises) operated a business involved in fitness capacity assessments.

ASIC’s investigation found that Mr Armstrong lodged a document with ASIC in October 2014 to voluntarily deregister BAC Enterprises. Mr Armstrong falsely stated that BAC Enterprises had no outstanding liabilities. However, when Mr Armstrong lodged the document with ASIC, BAC Enterprises owed $80,000 to a creditor.

Mr Armstrong appeared in the Fremantle Magistrates Court on 26 October 2020. He was convicted and fined $2,400 and is automatically disqualified from managing corporations until 25 October 2025.

The matter was prosecuted by the Commonwealth Director of Public Prosecutions.

Background

Mr Armstrong plead guilty to one count of making false or misleading statements to ASIC contrary to s1308(2) of the Corporations Act 2001.

At the time of the conduct, the maximum penalty in relation to an offence against section 1308(2) of the Corporations Act (Cth) was 200 penalty units and/or two years’ imprisonment or both.