Coronica and Commissioner of Taxation (Taxation)

This matter concerned an appeal by Mr Coronica against a decision by the Commissioner of Taxation to disqualify him from acting as a trustee of a self-managed superannuation fund. The dispute arose from multiple contraventions of the *Superannuation (Industry) Supervision Act 1993* (SISA) by Mr Coronica in his capacity as trustee of the G Coronica Superannuation Fund. The Tribunal was required to determine whether the Commissioner's decision to disqualify Mr Coronica was the correct or preferable one.

The central legal issue before the Tribunal was whether Mr Coronica was a fit and proper person to continue acting as a trustee, given the nature, seriousness, and number of his contraventions of the SISA. This involved considering the Commissioner's power to disqualify an individual under sections 126A(1) and (3) of the SISA, which requires the Regulator to be satisfied that the person has contravened the Act on one or more occasions, and that the contraventions provide grounds for disqualification.

The Tribunal's reasoning focused on the statutory criteria for disqualification, distinguishing it from the separate sanction of a fund becoming non-complying. It was held that the financial consequences for the fund arising from its non-compliance were distinct from the personal sanction of disqualification imposed on the trustee. The Tribunal found that the previous decision-maker had erred by focusing on the financial repercussions for the fund rather than adequately considering whether Mr Coronica was a fit and proper person to hold the office of trustee. The Tribunal affirmed the Commissioner's decision to disqualify Mr Coronica.