Hazeem Lamar Hajinoor of Beckenham, WA, has been charged with failing to attend and comply with ASIC examination requirements.

In the course of ASIC conducting an investigation, Mr Hajinoor was served with an information gathering notice that required him to appear at an examination on 20 November 2020 and provide reasonable assistance. Mr Hajinoor failed to appear at the examination.

Mr Hajinoor was also required to appear at a subsequent examination on 22 December 2020. On that occasion, Mr Hajinoor appeared but failed to provide reasonable assistance or answer questions.

The matter was first listed in the Perth Magistrates Court on 27 August 2021 and was adjourned for further mention on 8 October 2021.

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

Background

Under the Australian Securities and Investments Commission Act 2001 (ASIC Act), ASIC has information gathering powers that allow it to perform or exercise its functions. These powers include requiring a person to appear at an examination and give information relevant to a matter that ASIC is investigating, as well as requiring that person to answer questions that are relevant to an ASIC investigation - ASIC Information Sheet 145.

Failing to attend an ASIC examination and answer questions when required to do so are breaches of s63(1) of the ASIC Act and carry maximum penalties of two years imprisonment.

Editor's note:

On 8 October 2021, the matter was adjourned to 19 November 2021.

Editor's note 2:

On 19 November 2021, the matter was further adjourned to 17 December 2021.

Editor's note 3:

Following an adjournment to 17 December 2021, the matter was further adjourned to 14 January 2022.

Editor's note 4:

On 14 January 2022, the matter was listed for a trial allocation hearing on 22 March 2022. 

Editor's note 5:

The matter has been listed for trial in the Perth Magistrates Court on 7 and 8 November 2022.

Editor's note 6:

The trial dates of 7 and 8 November were vacated after Mr Hajinoor pleaded guilty to two charges, one of which involved the rolling up of three similar charges into one. The matter is set down for sentencing on 6 December 2022.

Editor’s note 7:

On 6 December 2022, the matter was adjourned to 19 December 2022 for sentencing.

Editor's note 8: 

On 19 December 2022, Mr Hajinoor was convicted and sentenced to a 12-month intensive supervision order.