Prosecution outcomes

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 Western Yalanji Aboriginal Corporation (ICN 3326)

Criminal prosecutions

Prosecution outcome for: Western Yalanji Aboriginal Corporation

Court and judge/magistrate: Mareeba Magistrates Court (Magistrate Braes)
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

Failed to lodge general report with the Registrar for the 2021–22 and 2022–23 financial years.

Failed to lodge audit report and financial report with the Registrar for the 2021–22 and 2022–23 financial years.

Convicted on all 6 charges. Fined $10,000 and ordered to pay court costs of $111.70.

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 Narang Muru Aboriginal Corporation (ICN 9376)

Criminal prosecutions

Prosecution outcome for: Narang Muru Aboriginal Corporation (ICN 9376)

Court and judge/magistrate: Downing Centre Local 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

Charges 1,2,4,5 convicted and fined $5,000.

Charge 3 proven but dismissed without penalty under s.19B.

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 Northern Regional Aboriginal and Torres Strait Islander Corporation (ICN 2881)

Criminal prosecutions

Prosecution outcome for: Northern Regional Aboriginal and Torres Strait Islander Corporation (ICN 2881)

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

Convicted and fined $500 each for charges 1,2,3,4.

Convicted and fined $550 each for charges 5,6,7.

Total fine $3,650.

Ordered to pay $111.70 court fees.

Prosecution outcome for Mungalla Aboriginal Corporation for Business (ICN 3977)

Criminal prosecutions

Prosecution outcome for: Mungalla Aboriginal Corporation for Business (ICN 3977)

Court and judge/magistrate: Townsville Magistrates Court (Magistrate Warrington)
Legislative provision/s breached
  1. 348-1(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

All charges proven. s.19B on all offences; $2,500 in recognisance; to be of good behaviour for 19 months.

Prosecution outcome for Munjuwa Health, Housing and Community Aboriginal Corporation (ICN 662)

Criminal prosecutions

Prosecution outcome for: Munjuwa Health, Housing and Community Aboriginal Corporation (ICN 662)

Court and judge/magistrate: Parramatta Local Court (Magistrate Brender)
Legislative provision/s breached
  1. 330-10(1) CATSI Act
  2. 348-1(1) CATSI Act
  3. 348-1(1) CATSI Act

Convicted and fined $5,000 for each offence for a total fine of $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 outcome for Boonwurrung Land and Sea Council Aboriginal Corporation (ICN 8736)

Criminal prosecutions

Prosecution outcome for: Boonwurrung Land and Sea Council Aboriginal Corporation (ICN 8736)

Court and judge/magistrate: Melbourne Magistrates Court (Magistrate Hartnett)
Legislative provision/s breached
  1. s. 348-1 CATSI Act
  2. s. 348-1 CATSI Act
  3. s. 348-1 CATSI Act
  4. s. 348-1 CATSI Act

Charge proven but dismissed without penalty under s. 19B Crimes Act 1914 upon recognizance to be of good behaviour for 12 months and a surety of $1000.

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 Brett Evans

Criminal prosecutions

Prosecution outcome for: Brett Iven Evans

Court and judge/magistrate: Mount Isa District Court (Justice Dearden)
Legislative provision/s breached

s. 265-25(3)(a) CATSI Act (35 charges)

Sentenced to 4 years, 6 months imprisonment with a non-parole period of 20 months; ordered to repay a total of $421,378.20 to Mirndiyan Gununa Aboriginal Corporation, the deceased estate of Sally Gabori, and 7 other artists (including one deceased estate).

Prosecution outcome for Buru Ngunawal Aboriginal Corporation (ICN 4005)

Criminal prosecutions

Prosecution outcome for: Buru Ngunawal Aboriginal Corporation (ICN 4005)

Court and judge/magistrate: ACT Magistrates Court (Lawton)
Legislative provision/s breached

ss. 330-10(1) and 348-1(1) CATSI Act

Convicted and fined $200 for each offence, ie $400

Prosecution outcome for Barwon Aboriginal Corporatino (ICN 7323)

Criminal prosecutions

Prosecution outcome for: Barwon Aboriginal Corporation (ICN 7323)

Court and judge/magistrate: Downing Centre Local Court, Sydney (Atkinson, J)
Legislative provision/s breached

s. 348-1(1) CATSI Act

Fined $2000

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

Criminal prosecutions

Criminal prosecutions

Prosecution outcome for: Wonnarua Traditional Custodians Native Title Aboriginal Corporation (ICN 8133)

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

s. 348-1(1) CATSI Act

Convicted and fined $1,500