Andrew T Scott

Member’s name: Mr Andrew T Scott
Date of Hearing: 15 May 2013
Division: Victoria
Tribunal: Disciplinary Tribunal

On 15 May 2013 the Disciplinary Tribunal found Mr Andrew T Scott breached Article 39(a)(ii)F of the Constitution in relation to Judgements handed down by the Federal Court of Australia in ASIC v Healey & Ors [2011] FCA 717 and ASIC v Healey (No 2) [2011] FCA 1002.

The Federal Court found Mr Scott had contravened sections 344(1), 180(1) and 601FD(3) of the Corporations Act 2001 in relation to his conduct in respect of the Centro Group of companies in 2007.

The Federal Court ordered Mr Scott pay a pecuniary penalty of $30,000 and costs.

Mr Scott attended the Disciplinary Tribunal Hearing and denied the complaint.

The Disciplinary Tribunal found the complaint sustained.

Penalty and Costs

The Disciplinary Tribunal imposed the penalty of a severe reprimand. In arriving at that penalty the Disciplinary Tribunal, whilst noting the complaint was serious, took into account:

• the fact that Mr Scott’s membership of CPA Australia was currently suspended
• that the Federal Court had specifically noted that there was no dishonesty, no element of personal gain and there was no likelihood of further contravention by Mr Scott.

Mr Scott was ordered by the Disciplinary Tribunal to pay costs of $812.