Insurance & Superannuation Commissioner v Hiscock [1995] FCA 693

Insurance & Superannuation Commissioner v Hiscock [1995] FCA 693

Section 49 of the Taxation Laws Amendment (Superannuation) Act 1993 operates retrospectively so that section 12(3A) only applies to breaches occurring after 30 June 1992, therefore the Tribunal erred in applying the provision to breaches prior to that date.

Parties
Applicant: Insurance and Superannuation Commissioner; First Respondent: Wayne Cyril Hiscock as Trustee for the Osborne Fruit Drinks Superannuation Fund
Jurisdiction
Australia
Judgment Date
01 September 1995
Procedural Posture
Appeal From Administrative Appeals Tribunal / Judgment of Appeal in Federal Court
Outcome
Appeal allowed
Legal Topics
Retrospective Operation of Statutory Amendments, Compliance With Occupational Superannuation Standards, Application of Discretion Under Superannuation Legislation
Superannuation Taxation Statutory Interpretation Retrospective Operation of Statutory Amendments Compliance With Occupational Superannuation Standards Application of Discretion Under Superannuation Legislation

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Parties

Insurance and Superannuation Commissioner

Applicant

Wayne Cyril Hiscock as Trustee for the Osborne Fruit Drinks Superannuation Fund

First Respondent

Procedural Posture

Appeal From Administrative Appeals Tribunal / Judgment of Appeal in Federal Court

Legal Issues

  1. 1 Whether section 12(3A) of the Superannuation Entities (Taxation) Act 1987, as amended, applies retrospectively to breaches prior to 1 July 1992
  2. 2 Whether the Administrative Appeals Tribunal erred in applying section 12(3A) to breaches before this date
  3. 3 Application of discretion under section 13(1)

Ratio Decidendi

Section 49 of the Taxation Laws Amendment (Superannuation) Act 1993 operates retrospectively so that section 12(3A) only applies to breaches occurring after 30 June 1992, therefore the Tribunal erred in applying the provision to breaches prior to that date.

Court Disposition

Appeal allowed

Orders

  • The appeal be allowed.
  • The decision of the Administrative Appeals Tribunal of 24 October 1994 be set aside.