Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Porter, Application under the Superannuation Industry (Supervision) Act 1993 [2012] FCA 1431 Citation: Porter, Application under the Superannuation Industry (Supervision) Act 1993 [2012] FCA 1431
Parties: CHRISTOPHER DOUGLAS PORTER; APPLICATION UNDER THE SUPERANNUATION INDUSTRY (SUPERVISION) ACT 1993
File number: ACD 81 of 2012
Judge: FOSTER J
Date of Orders: 7 December 2012
Date of Reasons: 17 December 2012
Catchwords: SUPERANNUATION – supervision of superannuation entities and responsible officers of such entities – whether the Court should exercise its discretion pursuant to s 126J(1) of the Superannuation Industry (Supervision) Act 1993 (Cth) to make an order that an individual who has committed offences of dishonesty should no longer be a disqualified person within the meaning of Pt 15 of that Act – relevant principles guiding the exercise of discretion discussed
Legislation: Corporations Act 2001 (Cth), s 206G Crimes Act 1900 (NSW), s 158 Crimes Act 1914 (Cth), Div 3 of Pt VIIC Criminal Records Act 1991 (NSW), s 7 Financial Sector Legislation Amendment (Review of Prudential Decisions) Act 2008 (Cth) Superannuation Industry (Supervision) Act 1993 (Cth), ss 3, 10(1), 119, 120, 122, 123, 124, 125, 126, 126B, 126C, 126D, 126F, 126H, 126J(1)(b), 126K, 126L and 127
Cases cited: Duffy; Re Westgate Ports Ltd (2010) 79 ACSR 267 cited
Date of hearing: 7 December 2012
Place: Sydney (via video link to Canberra) (heard in Canberra)
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