Prosecution outcomes

Prosecution outcome for: Mimi Ngurrdalingi Aboriginal Corporation

Criminal prosecutions

Prosecution outcome for: Mimi Ngurrdalingi Aboriginal Corporation

Court and judge/magistrate: Katherine Local Court (Judge O’Loughin)
Legislative provision/s breached
  1. s330-10(1) CATSI Act
  2. s348-1(1) CATSI Act
  3. s348-1(1) CATSI Act
  4. s330-10(1) CATSI Act
  5. s348-1(1) CATSI Act
  6. s348-1(1) CATSI Act 

Failed to lodge annual reports with the Registrar for the 21/22, 22/23 financial years. 

Corporation pleaded guilty to charges 1, 2 (as amended), 4 and 5 (as amended). Charges 3 and 6 were withdrawn.

Convicted and issued a $250 fine for charge 1 and 4 and a $250 fine for charge 2 and 5. Aggregate fine of $500.

Ordered to pay Court costs of $154. 

Prosecution outcome for: Walangeri Ngumpinku Aboriginal Corporation

Criminal prosecutions

Prosecution outcome for: Walangeri Ngumpinku Aboriginal Corporation

Court and judge/magistrate: Katherine Local Court (Judge McBride)
Legislative provision/s breached

1.    330-10(1) CATSI Act
2.    348-1(1) CATSI Act

Failed to lodge General, Financial and Audit Reports for 2021/22, 2022/23 financial years.

Convicted and fined $4,000. 

Prosecution outcome for: Ngunjiwirri Aboriginal Corporation

Criminal prosecutions

Prosecution outcome for: Ngunjiwirri Aboriginal Corporation

Court and judge/magistrate: Kununurra Magistrates Court (Chief Magistrate Heath)
Legislative provision/s breached
  1. 330-10(1) CATSI Act
  2. 348-1(1) CATSI Act
  3. 348-1(1) CATSI Act

Failed to lodge General, Financial and Audit Reports for the 2021/22 financial years.

Convicted and a global fine of $9,000 imposed.

Ordered to pay court costs of $272.70.

Prosecution outcome for Carnarvon Medical Service Aboriginal Corporation (ICN 499)

Criminal prosecutions

Prosecution outcome for: Carnarvon Medical Service Aboriginal Corporation

Court and judge/magistrate: Carnarvon Magistrates Court (Magistrate Watson)
Legislative provision/s breached
  1. 330-10(1) CATSI Act
  2. 330-10(1) CATSI Act
  3. 330-10(1) CATSI Act
  4. 348-1(1) CATSI Act
  5. 348-1(1) CATSI Act
  6. 348-1(1) CATSI Act
  7. 348-1(1) CATSI Act
  8. 348-1(1) CATSI Act
  9. 348-1(1) CATSI Act
  10. 348-1(1) CATSI Act
  11. 348-1(1) CATSI Act
  12. 348-1(1) CATSI Act

Failed to lodge general, director, financial and audit Reports for 2020–21, 2021–22, 2022–23 financial years.

Conviction recorded.

Charges 1 – 3: global fine of $6,500

Charges 4-12: global fine of $20,000.

Total fines imposed $26,500.

Prosecution outcome for Pukatja Supermarket and Associated Stores Aboriginal Corporation (ICN 2242)

Criminal prosecutions

Prosecution outcome for: Pukatja Supermarket and Associated Stores Aboriginal Corporation

Court and judge/magistrate: Alice Springs Local Court (Judge Ingles)
Legislative provision/s breached
  1. 330-10(1) CATSI Act
  2. 348-1(1) CATSI Act
  3. 330-10(1) CATSI Act
  4. 348-1(1) CATSI Act

Failure to submit general, financial & audit reports for 2021–22 and 2022–23 financial years.

Convicted and fined $5,000. Ordered to pay $1,000 per offence to the NT victim levy ($4,000 total).

Total penalty $9,000.

Prosecution outcome for Amata Anangu Store Aboriginal Corporation (ICN 7245)

Criminal prosecutions

Prosecution outcome for: Amata Anangu Store Aboriginal Corporation

Court and judge/magistrate: Alice Springs Local Court (Judge Ingles)
Legislative provision/s breached
  1. 330-10(1) CATSI Act
  2. 348-1(1) CATSI Act
  3. 330-10(1) CATSI Act
  4. 348-1(1) CATSI Act

Failure to submit general, financial & audit reports for 2021–22 and 2022–23 financial years.

Convicted and fined $5,000. Ordered to pay $1,000 per offence to the NT victim levy ($4,000 total).

Total penalty $9,000.

Prosecution outcome for Kurungal Council Aboriginal Corporation (ICN 9163)

Criminal prosecutions

Prosecution outcome for: Kurungal Council Aboriginal Corporation

Court and judge/magistrate: Fitzroy Crossing Magistrates Court (Magistrate Potter)
Legislative provision/s breached
  1. 330-10(1) CATSI Act
  2. 348-1(1) CATSI Act
  3. 330-10(1) CATSI Act
  4. 348-1(1) CATSI Act
  5. 348-1(1) CATSI Act
  6. 348-1(1) CATSI Act

Failed to lodge corporation general, financial and audit report for the 2021–22 and 2022–23 financial years.

The Court discharged the defendant under subsection 19B(1) of the Crimes Act 1914 without proceeding to conviction upon the defendant giving security by recognisance of $12,000 to comply with the following condition:

(a)    That the offender is to be of good behaviour for a period of 3 years.
 

Prosecution outcome for Indulkana Community Store Aboriginal Corporation (ICN 4780)

Criminal prosecutions

Prosecution outcome for: Indulkana Community Store Aboriginal Corporation (ICN 4780)

Court and judge/magistrate: Alice Springs Local Court (Judge Bamber)
Legislative provision/s breached
  1. 330-10(1) CATSI Act
  2. 330-10(1) CATSI Act
  3. 348-1(1) CATSI Act
  4. 348-1(1) CATSI Act
  5. 348-1(1) CATSI Act
  6. 348-1(1) CATSI Act

Convicted on all counts and fined an aggregate sum of $10,000.

Victims levy imposed of $1,000 per offence ($6,000 total)

Total penalty $16,000.

Prosecution outcome for Kanparrka Store Aboriginal Corporation (ICN 7517)

Criminal prosecutions

Prosecution outcome for: Kanparrka Store Aboriginal Corporation (ICN 7517)

Court and judge/magistrate: Alice Springs Magistrates Court
Legislative provision/s breached
  1. 348-1(1) CATSI Act
  2. 348-1(1) CATSI Act
  3. 330-10(1) CATSI Act
  4. 348-1(1) CATSI Act
  5. 348-1(1) CATSI Act
  6. 348-1(1) CATSI Act
  7. 348-1(1) CATSI Act

Convicted and fined $3,000 for all offences.

Ordered to pay $1,000 per offence ($7,000 total) to NT Victims Levy.

Total penalty $10,000.
 

Prosecution outcome for PY Ku Aboriginal Corporation (ICN 7542)

Criminal prosecutions

Prosecution outcome for: PY Ku Aboriginal Corporation (ICN 7542)

Court and judge/magistrate: Alice Springs Local Court (Judge Bamber)
Legislative provision/s breached
  1. 330-10(1) CATSI Act
  2. 348-1(1) CATSI Act
  3. 348-1(1) CATSI Act
  4. 348-1(1) CATSI Act
  5. 348-1(1) CATSI Act
  6. 348-1(1) CATSI Act
  7. 348-1(1) CATSI Act

Convicted and fined $5,000 total for charges 2,4,5,7.

Charges 1,3,6 were withdrawn.

Ordered to pay $1,000 per offence ($4,000) total to the NT Victims levy.

Prosecution for Palngun Wurnangat Aboriginal Corporation (ICN 8377)

Criminal prosecutions

Prosecution outcome for: Palngun Wurnangat Aboriginal Corporation (ICN 8377)

Court and judge/magistrate: Wadeye Local Court (Judge Gearey)
Legislative provision/s breached
  1. 348-1(1) CATSI Act
  2. 348-1(1) CATSI Act
  3. 330-10(1) CATSI Act
  4. 348-1(1) CATSI Act
  5. 348-1(1) CATSI Act
  6. 330-10(1) CATSI Act
  7. 348-1(1) CATSI Act
  8. 348-1(1) CATSI Act

Charges 1,2,4,5,7,8 convicted and fined $1,200.

Charges 3,6 convicted and fined $400.

Total fine $1,600.

Prosecution outcome for The Wulaign Homelands Council Aboriginal Corporation (ICN 1152)

Criminal prosecutions

Prosecution outcome for: The Wulaign Homelands Council Aboriginal Corporation (ICN 1152)

Court and judge/magistrate: Darwin Magistrates Court (Judge Franz)
Legislative provision/s breached
  1. 348-1(1) CATSI Act
  2. 330-10(1) CATSI Act
  3. 348-1(1) CATSI Act
  4. 330-10 (1) CATSI Act
  5. 348-1 (1)  CATSI Act
  6. 330-1(1) CATSI Act

Convicted and fined $7,000 for charges 1-6.

Ordered to pay $1,000 to NT victims levy per each offence ($6,000)

Total penalty $13,000.

Prosecution outcome for Aboriginal Movement for Outback Survival (ICN 2960)

Criminal prosecutions

Prosecution outcome for: Aboriginal Movement for Outback Survival (ICN 2960)

Court and judge/magistrate: Kalgoorlie Courthouse (Magistrate Gibbs)
Legislative provision/s breached
  1. 330-10(1) CATSI Act
  2. 330-10(1) CATSI Act
  3. 348-1(1) CATSI Act
  4. 348-1(1) CATSI Act
  5. 348-1(1) CATSI Act
  6. 348-1(1) CATSI Act

Convicted on all charges and fined a total $15,000. 

Prosecution outcome for GEMYDU Aboriginal Corporation (ICN 8218)

Criminal prosecutions

Prosecution outcome for: GEMYDU Aboriginal Corporation (ICN 8218)

Court and judge/magistrate: Alyangula Local Court (Judge O'Loughlin)
Legislative provision/s breached
  1. s. 330-10(1) CATSI Act
  2. s. 348-1(1) CATSI Act
  3. s. 348-1(1) CATSI Act
  4. s. 330-10(1) CATSI Act
  5. s. 348-1(1) CATSI Act
  6. s. 348-1(1) CATSI Act
  7. s. 330-10(1) CATSI Act
  8. s. 348-1(1) CATSI Act
  9. s. 348-1(1) CATSI Act

Failure to lodge general, financial and auditor's reports for 2020-21, 2021-22 and 2022-23.

Convicted and fined $1,500 for charges 1, 4 and 7, and $3,500 for charges 2, 3, 5, 6, 8 and 9. Ordered to pay costs of $117.00.

Prosecution outcomes for Djinda Bridiya Wellbeing Australian Aboriginal Corporation (ICN 9273)

Criminal prosecutions

Prosecution outcome for: Djinda Bridiya Wellbeing Australian Aboriginal Corporation (ICN 9273)

Court and judge/magistrate: Perth Magistrates Court (Watt T)
Legislative provision/s breached
  1. s. 330-10(1) CATSI Act
  2. s. 348-1(1) CATSI Act
  3. s. 348-1(1) CATSI Act

Proven and fined $15,000

Prosecution outcome for Mantiyupwi Aboriginal Corporation (ICN 8586)

Criminal prosecutions

Prosecution outcome for: Mantiyupwi Aboriginal Corporation (ICN 8586)

Court and judge/magistrate: Darwin Local Court (Morris)
Legislative provision/s breached

s. 348-1(1) CATSI Act

Convicted and released without sentence under s. 20(1)(a) Crimes Act 1914

Prosecution outcome for Mawurli and Wirriwangkuma Aboriginal Corporation (ICN 2188)

Criminal prosecutions

Prosecution outcome for: Mawurli and Wirriwangkuma Aboriginal Corporation (ICN 2188)

Court and judge/magistrate: Darwin Local Court
Legislative provision/s breached

s. 348-1(1) CATSI Act

Convicted and fined $1000

Prosecution outcome for Abul Fazad Mohammed Abdus Shahid

Civil proceedings

Prosecution outcome for: Abul Fazad Mohammed Abdus Shahid

Court and judge/magistrate: Federal Court, Perth (Justice Barker)
Legislative provision/s breached

ss. 265-1, 265-5, 265-10 CATSI Act

Disqualified from managing corporations for 7 years; fined $100,000; ordered to pay compensation of $207,956.75 to the corporation; order to pay costs.

Prosecution outcome for Ashley Taylor

Civil proceedings

Prosecution outcome for: Ashley Taylor

Court and judge/magistrate: Federal Court, Perth (Justice Barker)
Legislative provision/s breached

ss. 265-1, 265-5, 265-10 CATSI Act

Disqualified from managing corporations for 7 years; fined $250,000; ordered to pay compensation of $182,527.41 to the corporation; order to pay costs.

Prosecution outcome for Wila Gutharra Community Aboriginal Corporation (ICN 2705)

Criminal prosecutions

Prosecution outcome for: Wila Gutharra Community Aboriginal Corporation (ICN 2705)

Court and judge/magistrate: Geraldton Magistrates Court (Webb)
Legislative provision/s breached

ss. 330-10(1) and 348-1(1) CATSI Act

Fined $1000