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21-332MR Banned NSW builder sentenced for making false and misleading statements to ASIC
Matthew Geoffrey Rixon, of Lakes Entrance NSW, has been sentenced in the Parramatta Local Court to five months imprisonment after pleading guilty to making false and misleading statements in documents lodged with ASIC.
Mr Rixon’s prison term will commence on 9 April 2022, after he finishes serving a separate term of imprisonment for unrelated dishonesty offences. He will be released on 8 September 2022 upon entering into a recognizance of $500.
ASIC’s investigation found that between 9 March 2015 and 15 October 2018 Mr Rixon completed and lodged 43 forms with ASIC that he knew contained statements that were false or misleading. In lodging these forms, Mr Rixon used personal details of people other than himself and appointed them as officeholders of 25 companies without their knowledge or consent. Mr Rixon also lodged a number of forms using an alias (MR 18-387).
Between 22 December 2010 and 13 August 2018, Mr Rixon was an undischarged bankrupt, and as a result was automatically disqualified from managing a corporation during that period.
ASIC Deputy Chair Sarah Court said, ‘Mr Rixon repeatedly and deliberately misled ASIC by providing false information in forms he submitted. Not only did his conduct impact ASIC’s ability to conduct proper supervision, he dragged other people into his wrongdoing, using their details without permission. That Mr Rixon has been jailed demonstrates the seriousness of his conduct.’
In handing down the sentence, Magistrate Thompson also noted the repeated and deliberate nature of Mr Rixon’s conduct, which Her Honour observed was designed to circumvent his disqualification from managing corporations.
The matter was prosecuted by the Commonwealth Director of Public Prosecutions.
Between May 2012 and April 2013, NSW Fair Trading issued four public warnings against Mr Rixon, advising consumers not to deal with businesses owned or operated by him. On 17 April 2013, the Supreme Court of NSW ordered that Mr Rixon be permanently banned from undertaking any residential building and landscaping work in NSW.
As a result of his conviction, Mr Rixon will be automatically disqualified from managing a corporation for a further five years upon his release from prison.
Mr Rixon has appealed the severity of the sentence. The appeal is listed for hearing at the Parramatta District Court on 25 January 2022.
Editor's note 2:
On 25 January 2022, the appeal was relisted for 17 March 2022.