Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Prudential Regulation Authority v Derstepanian [2005] FCA 1121 SUPERANNUATION – contravention of ss 62(1) and 109(1) of the Superannuation Industry (Supervision) Act 1993 (Cth) – contraventions admitted – imposition of monetary penalty for breach of civil penalty provisions CIVIL PENALTIES - civil offences under Superannuation Industry (Supervision) Act 1993 (Cth) – agreed monetary penalties – principles and factors relevant to determining level of penalty when parties submit agreed monetary penalties – whether agreed penalty within "permissible range"
Superannuation Industry (Supervision) Act 1993 (Cth) ss 62(1), 109(1), 120A(1), 133(1) and 196 Crimes Act 1914 (Cth) s 4AA Minister for Industry, Tourism & Resources v Mobil Oil Australia Pty Ltd (2004) ATPR ¶41-993 referred to NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission (1996) 71 FCR 285 applied Australian Securities and Investment Commission v Vizard [2005] FCA 1037 referred to Australian Competition & Consumer Commission v Colgate-Palmolive Pty Ltd (2002) ATPR ¶41-880 referred to Australian Prudential Regulation Authority v Holloway (2000) 35 ACSR 276 referred to Trade Practices Commission v CSR Limited (1991) ATPR ¶41-076 referred to
AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY v SARKIS DERSTEPANIAN and MARGARET DERSTEPANIAN
VID 567 of 2004
WEINBERG J
16 AUGUST 2005
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID567 OF 2004
BETWEEN: AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY
APPLICANT
AND: SARKIS DERSTEPANIAN
FIRST RESPONDENT
MARGARET DERSTEPANIAN
SECOND RESPONDENT
JUDGE: WEINBERG J
DATE OF ORDER: 16 AUGUST 2005
WHERE MADE: MELBOURNE
THE COURT DECLARES THAT: 1. The respondents, on or about 30 June 1999, caused Tunstall Bond Superannuation Fund SFN 3024 079 43 ("the Fund")to enter into an agreement to purchase 2,903 master patterns and jewellery manufacturing dies from Tunstall Bond Pty Ltd ACN 050 463 682 ("Tunstall Bond") for the sum of $165,870.00, and thereby contravened:
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate