ASIC - Australian Securities and Investments Commission

05/26/2023 | Press release | Distributed by Public on 05/25/2023 21:16

23-136MR Former listed company director charged with failing to disclose interests and providing false information to ASX

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Friday 26 May 2023

23-136MR Former listed company director charged with failing to disclose interests and providing false information to ASX

Former Copper Strike Limited director, Mr Harry Hatch (Hatgikyriazis), of North Melbourne, Victoria, has appeared in the Melbourne Magistrates Court charged with multiple offences relating to his time as director of the listed company.

Mr Hatch has been charged with:

  • three counts of failing to take reasonable steps to comply with disclosing his interests in shares of a publicly listed company;
  • two counts of making available or giving false information in a document lodged with Australian Securities Exchange Limited (ASX); and
  • one count of making a false or misleading statement in a form submitted to Copper Strike Limited (ASX:CSE).

Mr Hatch was a director of Copper Strike Limited (ASX:CSE) from 6 September 2016 to 3 January 2020.

ASIC alleges that in the period 17 July 2016 to 3 January 2020, Mr Hatch failed to disclose his relevant interests in Copper Strike shares as required under the Corporations Act.

The matter was adjourned for a committal mention on 18 August 2023 at the Melbourne Magistrates Court.

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

Background

Failure by a director to disclose all of their interests, or providing misleading disclosures about their interests, in a way that is contrary to ASX reporting requirements, can give rise to a number of offences under the Corporations Act.

Providing false information to the ASX is an offence pursuant to sections s1309(1) and s1311(1) of the Corporations Act. At the time of the conduct, a contravention of s1309(1) attracted a maximum penalty of 200 penalty units or imprisonment for five years, or both.

Providing false or misleading information in annual financial statements is an offence pursuant to s344(1) of the Corporations Act. At the time of the conduct, a contravention of s344(1) attracted a maximum penalty of 200 penalty units or imprisonment for five years, or both.

Providing false information can be an offence under s1308(2) of the Corporations Act. At the time of the conduct, a contravention of s1308(2) attracted a maximum penalty of 200 penalty units or imprisonment for five years, or both.