The Australian Securities and Investments Commission (ASIC) has launched civil penalty proceedings against TerraCom Limited, a Queensland coal producer, and several of its senior executives, including managing director Daniel McCarthy, former Chair Wallace King and chief commercial officer Nathan Boom. The case is the first time ASIC has taken action for alleged breaches of the whistleblower provisions.
The allegations were made by a former employee that TerraCom had been involved in the falsification of coal quality results, which the company denies. ASIC alleges that TerraCom, McCarthy, Boom, King, and former director Craig Ransley failed to take reasonable steps to ensure that statements to the ASX were not false or misleading, and by allowing the false or misleading statements to be published, TerraCom and its executives engaged in conduct that harmed the whistleblower. ASIC is seeking declarations of contravention, pecuniary penalties, disqualification orders, and costs. The first case management hearing is yet to be scheduled by the Court.
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