Cairns tour operator Leigh Jorgensen appeals conviction for misleading ASIC
A Cairns tourism business owner has appealed his conviction for misleading Australian Securities and Investments Commission by making a false statement.
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CAIRNS tourism business owner Leigh Alan Jorgensen has appealed his conviction for misleading ASIC (Australian Securities and Investments Commission) by making a false statement.
Jorgensen yesterday appeared in Cairns District Court and appealed his $2000 fine and 2015 conviction.
His appeal was based on but not limited to arguments regarding the severity of the punishment and an allegation that evidence as ignored.
Barrister for ASIC Stephanie Williams told the court Magistrate Kerry Magee gave all the evidence its due consideration.
“The Magistrate did have regard to it and gave detailed reasons for her decision.”
She told the court that Jorgensen’s conviction was based on a “serious offence and not classified as trivial in nature.”
Jorgensen was convicted for making false or misleading statements when he lodged a form to deregister Trek North Tours in February 2016.
He claimed he had no outstanding liabilities despite the company owing $55,000 to the Commonwealth.
In 2015 a court fined Trek North Tours $55,000 and Jorgensen $12,000 after it was found he had underpaid backpackers on working holiday visas in 2013 and 2014.
He had relied on the defence of mistake of fact submitting that he was unaware the penalty was an outstanding liability requiring declaration and that a chartered accountant had recommended that the company be dissolved and he relied on that advice.
“It all comes down to did I take reasonable steps submitting the form,” Jorgensen yesterday told the court.
“I don’t know what other steps I could have done.”
Originally published as Cairns tour operator Leigh Jorgensen appeals conviction for misleading ASIC
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