Mr Zhuo Wang, a mortgage broker from Gladesville, New South Wales, has pleaded guilty to one count of knowingly making false statements in three credit licence annual compliance certificates lodged with ASIC.

Mr Wang held an Australian credit licence and operated a mortgage brokerage business in Sydney.  Mr Wang was the sole fit and proper person and responsible manager of his credit licence.

Mr Wang had his lender accreditation with ANZ suspended in April 2016. Between 2 May 2016 and 2 May 2018, Mr Wang completed and submitted three credit licence annual compliance certificates to ASIC. Mr Wang admits that on each occasion he falsely certified that he, as the sole fit and proper person of his credit licence, had not had his accreditation cancelled or suspended by a lender for reasons other than volume.

The offending is contrary to section 225(3) of the National Consumer Credit Protection Act 2009.

The matter is listed for sentence at the Downing Centre Local Court on 10 November 2020. 

The Commonwealth Director of Public Prosecutions is prosecuting the matter after a referral from ASIC.

Background

Australian credit licence holders are required to identify the people involved in the management of their credit businesses, known as fit and proper people.  Mr Wang was at the relevant time the sole fit and proper person of his credit licence. 

Credit licence holders are also required to annually lodge an Australian credit licence compliance certificate with ASIC, in which licensees are required to certify that they are complying with their credit licence obligations. 

Editor's note:

On 10 November 2020, the matter was adjourned to Thursday 12 November 2020 for judgment.