Tour operator in court for fine, conviction appeal

CAIRNS tourism business owner Leigh Alan Jorgensen has appealed against his conviction for misleading ASIC by making a false statement.

Jorgensen yesterday appeared in Cairns District Court to appeal against his $2000 fine and 2015 conviction.

The appeal is 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 said Magistrate Kerry Magee gave all the evidence due consideration.

She said 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 in 2013 and 2014.

He had relied on the defence of mistake of fact submitting he was unaware the penalty was an outstanding liability requiring declaration and that he relied on a chartered accountant’s recommendation the company be dissolved.

“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.”

Judge Morzone is reserving judgement.