Australian Securities
and Investments Commission
Office address (inc courier deliveries):
Level 7, 120 Col ins Street,
Melbourne VIC 3000
Mail address for Melbourne office:
GPO Box 9827,
Brisbane QLD 4001
Tel: +61 1300 935 075
11 May 2023
Fax: +61 1300 729 000
www.asic.gov.au
Me
By email:
xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Freedom of Information Request No. FOI 076-2023
Notice of a practical refusal ground under s24AB of the FOI Act
I refer to your request dated 7 May 2023 under the
Freedom of Information Act 1982 (
FOI Act)
in which you seek access to documents in the possession of the Australian Securities and
Investments Commission (
ASIC).
Your request seeks access to the fol owing:
“Please provide documents that list directors that have been:
1. Disqualified under a 204B(1)(b)(i ), or
2. Not registered as directors in the first place because they fail 204B(1)(b)(i )
For fin years 2022-23 to 30 April 2023, 2021-22, and 2020-21”
Practical refusal ground(s)
Section 24AA of the FOI Act provides that a practical refusal ground exists in relation to a
request for a document if either (or both) of the following applies:
• the work involved in processing the request would substantial y and unreasonably
divert the resources of the agency from its other operations (s24AA(1)(a));
• the request does not satisfy the requirement in paragraph 15(2)(b) of the FOI Act
(s24AA(1)(b))
In relation to your request, I find that 24AA(1)(b)
applies.
Section 24AA(1)(b) FOI Act – Identification of documents
I am writing to advise you that your request in its current form does not adequately identify
the documents sought and it would therefore be my intention to refuse your request given
that a practical refusal reason exists within the meaning of section 24AA(1)(b) of the FOI Act.
Areas requiring clarification
Your request seeks access to documents listing directors that have been disqualified or not
registered as directors in the first place.
Firstly, your request does not specify the legislation that you are referring to in respect to your
references to section ‘204B(1)(b)(ii)’. Please advise whether your reference to section
2
‘204B(1)(b)(i )’ is a reference to the
Corporations Act 2001 (Cth) (
Corporations Act) or another
Act.
Secondly, assuming your reference to section ‘204B(1)(b)(ii)’ is a reference to the Corporations
Act, I note that section 204B of the Corporations Act does not concern director
disqualifications. Please advise whether your reference to section ‘204B(1)(b)(ii) is intended
to be a reference to director disqualifications under section 206B(1)(b)(i ) or another
provision.
Intention to refuse request
For the reasons stated above, it would be my intention to refuse your request given that a
practical refusal reason(s) exist(s) within the meaning of 24AA(1)(b) of the FOI Act. However,
before a final decision is made you are invited to revise the terms of your request.
Request consultation process
The purpose of this letter is to provide you with an opportunity to revise your request so that
the practical refusal reason no longer exists before a final decision is made. Should you wish
to submit a revised request please consider the issues raised in this notice to ensure that they
are addressed.
Timeframe
The statutory timeframe for notifying an applicant of a decision on a request for access under
the FOI Act is 30 days from the day the agency receives the request. Please note that in
accordance with section 24AB(8) of the FOI Act, the time for processing your request is
suspended from the day that you receive this letter, and resumes on the day after you provide
ASIC with one of the following:
• written notification that you wish to withdraw the request;
• a revised written request addressing the matters raised above; or
• written notification that you do not wish to revise your request.
If you choose to do one of the three things listed above, you must do so within 14 days
of the
date of this letter
(the consultation period). If you do not do one of the three things listed
above during the consultation period, your request wil be taken to be withdrawn in
accordance with section 24AB(7) of the FOI Act.
During the consultation period you may wish to seek assistance in reframing your request. If
you have any questions or wish to discuss, please contact me at
xxxxxxx.xxxxxxxxx@xxxx.xxx.xx or on 0466 290 017.
Yours sincerely,
Monique Lindridge
(Authorised decision maker under section 23(1) of the FOI Act)
