Sensaslim Case: Boyle Convicted Of Giving False Or Misleading Evidence
Friday 25 September 2015 @ 10.05 a.m. | Trade & Commerce
As reported in a recent ACCC Media Release, the Federal Court in Brisbane has convicted Michael Anthony Boyle of knowingly giving false or misleading evidence to the Australian Competition and Consumer Commission (ACCC) about his knowledge of Peter Foster’s involvement in Sensaslim Australia Pty Ltd (in liq) (Sensaslim).
ACCC proceedings against Sensaslim
This notice was issued as part of the ACCC's investigation into misleading and deceptive conduct and false representations relating to the identity of Sensaslim officers, the Sensaslim product and the business opportunity offered by Sensaslim.
The investigation culminated in successful civil proceedings against Sensaslim and several individuals, including Mr Peter Foster and Mr Boyle, and contempt proceedings against Mr Foster.
Mr Foster’s involvement was a key matter in the allegations being investigated and ultimately pursued.
Background to the Case
Mr Boyle pleaded guilty to two charges of breaching s 155(5) of the Competition and Consumer Act 2010 (the Act) and the Court imposed a $3,500 fine, as previously mentioned on TimeBase.
Section 155 of the Act gives the ACCC the power to require a person to provide information, documents and/or give oral evidence at an examination.
Failing to comply with s 155, including if a person knowingly gives false or misleading evidence in a s 155(1)(c) examination, is a criminal offence. The current penalties that can be imposed are a fine of up to $3,600 or up to 12 months’ imprisonment.
The penalties applicable at the time of Mr Boyle’s offence in 2011 were a fine of up to $2,200 or up to 12 months imprisonment.
At the examination of Mr Boyle pursuant to the s 155 notice, he knowingly gave false or misleading evidence about his knowledge of Peter Foster’s involvement with Sensaslim.
Reaction from the ACCC
Commenting on the importance of s 155 of the Act, the ACCC Chairman Rod Sims said:
“Section 155 powers are an important part of the ACCC’s capacity to investigate matters and the ACCC takes non-compliance with its section 155 notices extremely seriously.”
TimeBase is an independent, privately owned Australian legal publisher specialising in the online delivery of accurate, comprehensive and innovative legislation research tools including LawOne and unique Point-in-Time Products.
Sources:
Michael Anthony Boyle convicted of giving false or misleading evidence – ACCC Release MR 170/15
