Two Western Australian directors have been convicted in the Perth Magistrates Court and fined $5,000 each for failing to comply with director identification requirements.

Alexander Henry was convicted ex-parte on 3 May 2024 of contravening section 1272C(2) of the Corporations Act 2001 for failing to have a director identification number. Mr Henry is a director of Global Material Solutions Australia Pty Ltd, Alex Henry Holdings Pty Ltd, Duke Shipping Containers Pty Ltd and AII Australia Pty Ltd.

Luke David Mason was also convicted ex-parte on 3 May 2024 at the Perth Magistrates Court for the same offence. Mr Mason is a director of LDM (WA) Pty Ltd and LDM Corporate Enterprises Pty Ltd.

Magistrate Crawford SM remarked that the new Director ID scheme had been enacted for a proper public purpose and considerable efforts had been made by relevant government agencies to bring the accused’s attention to the scheme and obtain compliance.

Mr Henry and Mr Mason were each fined $5,000, plus costs in the sum of $171.71. 

Background

All directors are required by law to verify their identity with Australian Business Registry Services before receiving a director ID. Directors must apply for their director ID within the following timeframes:

• Directors appointed before 1 November 2021 had until 30 November 2022 to apply.
• New directors appointed for the first time between 1 November 2021 and 4 April 2022 had 28 days from their appointment to apply.
• From 5 April 2022, intending new directors must apply before being appointed.

The maximum penalty for an offence against section 1272C(1) of the Act is 60 penalty units, being a fine of $18,780.

Mr Henry and Mr Mason have until 31 May 2024 to apply to have their convictions set aside.