Member’s name: Name Not Disclosed
Date of Hearing: 5 June 2012
Division: New South Wales
Tribunal: Disciplinary Tribunal
On 5 June 2012 the Disciplinary Tribunal found a Member breached Article 39(a)(ii)G of the Constitution on eleven occasions in that the Member "pleaded guilty to, or been found guilty of (with or without conviction), any offence (criminal or otherwise ... which in the reasonable opinion of the Board is likely to materially adversely reflect upon or affect the standing or reputation of the Company’’, in respect of being found guilty in the Downing Centre Local Court on 18 May 2011 of eleven counts of breaching section 148 of the Trade Marks Act 1995 in selling goods with false designer trademarks and brands at a night market.
On appeal the District Court varied the sentence imposed, recorded no conviction and the Member was ordered to be of good behaviour for three years.
Penalty and Costs
The Disciplinary Tribunal imposed the following sanctions and costs:
- a severe reprimand
- that the Member enrol in the Ethics & Governance segment of the CPA Program on or before January 2013 and successfully pass that segment by 1 July 2014, and
- the Member pay CPA Australia’s costs of $579 by the date of invoice.
The Tribunal also determined that due to "exceptional circumstances” the Member’s name not be disclosed provided the Member complies with the points above and further:
- that the Member does not breach the terms of the good behaviour bond, and
- the Member does not appear before a Disciplinary Tribunal on any other matter before 12 July 2014.