Insurance & Superannuation Commissioner v Glaser, Bernold, Director & Secretary of Super Benefit Pty Ltd [1997] FCA 1350

FEDERAL COURT OF AUSTRALIA

SUPERANNUATION - superannuation industry supervision - notice to produce "books" under s 269 of Superannuation Industry (Supervision) Act 1993 - failure of respondent to comply with notice - Commissioner seeks Court order to enforce compliance with notice under s 289 - whether Court should exercise discretion to "inquire" under s 289 - "books" held to be within respondent's "custody or control" - whether "books" requested relate to affairs of superannuation fund - determined by nature and purpose of investigation - should not be narrowly confined - ordered that respondent must comply with notice. Superannuation Industry (Supervision) Act 1993, ss 10, 269, 289 Burns Philp Investments Pty Ltd v Dickens (1993) 11 ACLC 272 considered Burns Philp Investment Pty Ltd v Dickens (No 2) (1993) 11 ACLC 525 considered Australian Securities Commission v Lucas (1992) 36 FCR 165 considered and applied Australian Securities Commission v Zarro (1991) 32 FCR 546 considered Insurance and Superannuation Commissioner v Robertson (1995) 95 ATC 4225 considered and applied Melbourne House of Ford Pty Ltd v Trade Practices Commission and Bannerman (No. 3) (1980) 31 ALR 519 considered and applied INSURANCE AND SUPERANNUATION COMMISSIONER v BERNOLD GLASER, DIRECTOR AND SECRETARY OF SUPER BENEFIT PTY LTD ACN 056 360 395 SG 72 of 1997 MANSFIELD J ADELAIDE 4 DECEMBER 1997

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SG 72 of 1997

BETWEEN: INSURANCE AND SUPERANNUATION COMMISSIONER

Applicant

AND: BERNOLD GLASER,

DIRECTOR AND SECRETARY OF SUPER BENEFIT PTY LTD

ACN 056 360 395

Respondent

JUDGE: MANSFIELD J

DATE OF ORDER: 4 DECEMBER 1997

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: Pursuant to s 289(3) of the Act that, within three days of the date of this order, the respondent comply with the notice dated 21 July 1997 given by the applicant to him, to the extent that books identified or described within that notice existed as at 21 July 1997, namely that he produce to the applicant at Insurance and Superannuation Office, 5th Floor, 100 Pirie Street Adelaide any books of the following description: (1) bank statements, cheque butts and deposit books of all the bank accounts of each Trust, or of the trustee or trustees of each Trust, showing: (a) transactions of each Trust, trustee or trustees, and (b) accruals in those accounts relating to the years of income for 1994-1995, 1995-1996 and 1996-1997;