Reference: PIAT-1926
6 April 2023
Mr Chris Drake
Sent by email to: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Drake
Internal Review Freedom of Information Request Decision
The Australian Transaction Reports and Analysis Centre (AUSTRAC) refers to the Internal
Review Freedom of Information request (IR FOI request) received from you on 12 March
2023. Your IR FOI request seeks review of the initial FOI request (PIAT-1926) seeking access
to:
“1. A list of all applicants for registration as Digital Currency Exchange Service Providers.
2. (Optional) - if convenient and easy to do, some indication of whether or not each of the
above was granted registration would be nice, but not essential.”
I examined the document in scope and have decided to exempt the document in full
pursuant to s 47G and s 47F of the FOI Act.
In making my decision I have also had regard to the following:
Freedom of Information Act 1982; Guidelines issued by the Australian Information Commissioner;
The initial FOI request and original FOI decision;
The submissions included within your internal review request.
Correspondence: PO Box K534 Haymarket NSW 2140
P: 02 9950 0055
F: 02 9950 0054
www.austrac.gov.au
Applicable Conditional Exemptions
Section 47G - Public interest conditional exemptions – business
The document includes business information relating to identified businesses. I have
assessed the content of the information within the document and potential impact(s)
release of the information could reasonably be expected to have on the business. I have
weighted these factors against the public interest factors outlined in the FOI Act and the
guidelines issued by the Information Commissioner.
I have also carefully considered the submissions put forth within your internal review
request, as well as the initial FOI decision’s justification of exemption which outlined the
ongoing issue of de-banking.
On balance, I am satisfied the unreasonable effect on the business, commercial and/or
financial affairs of the organisations is reasonably expected to arise from releasing the
information. I’m of the view that the impacts expected to be suffered by the organisations
outweighs the public interest factors favouring release. Therefore, I find the information is
conditionally exempt under s 47G and have exempted the document in full accordingly.
Section 47F - Public interest conditional exemptions – Personal Privacy
The document includes personal information relating to identified individuals. That is due to
the fact DCE service providers are not limited to organisations and include individuals
registered with AUTRAC to provide DCE services. I have assessed the content of the personal
information and potential impact(s) release of the information could reasonably be
expected to have on the privacy of the identified individuals, and weighed it against the
public interest factors outlines in the FOI Act and the guidelines issued by the Information
Commissioner.
On balance, I am satisfied release of the personal information could reasonably be expected
to unreasonably affect the individuals concerned for precisely the same reasons provided
above relating to organisations. Having considered the public interest factors, I am of the
view release of the personal information would be contrary to the public interest in the
circumstances, therefore the personal information is conditionally exempt and redacted
under s 47F.
Correspondence: PO Box K534 Haymarket NSW 2140
P: 02 9950 0055
F: 02 9950 0054
www.austrac.gov.au
You have review rights of this FOI decision which can be directed to the Office of the
Australian Information Commissioner (OAIC). Information on how to apply for Information
Commissioner review is available on th
e OAIC website. Separately, in relation to the concerns you raised in your IR FOI request, I can confirm that
AUSTRAC has never released a list of
all applicants for registration on the DCE register, nor
has AUSTRAC released the DCE register to industry bodies. In our role regulating the DCE
sector, we adopt a risk-based approach to regulation and in determining who to engage
with. FOI requests or complaints from a party are not a consideration in our approach to
regulation. If you have any further supervisory concerns or issues, please contact
xxxxxxxxxxxxxxxxxxxx@xxxxxxx.xxx.xx. Yours sincerely
Peter Soros
Authorised Decision Maker
AUSTRAC
Correspondence: PO Box K534 Haymarket NSW 2140
P: 02 9950 0055
F: 02 9950 0054
www.austrac.gov.au