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
Mr Phillip Sweeney
www.asic.gov.au
By email only: foi+request-10577-
xxxxxxxx@xxxxxxxxxxx.xxx.xx
Our Reference: FOI 166-2023
24 August 2023
Dear Mr Sweeney
Freedom of Information Request No. 166-2023
Decision and reasons for the decision
I refer to your request dated 16 August 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:
The document or documents I seek is/are any correspondence from AFCA to
ASIC that makes mention of NULIS Nominees (Aust) Ltd not having possession
of a counterpart of the original Trust Deeed (or an executed copy) made on 23
December 1913. The correspondence may or may not make mention of the
refusal of NULIS to given an undertaking to the Federal Court to seek a Court
Order to reinstate the terms of the original Trust Deed based on extrinic
evidence held by the Attorney-General’s Department of South Australia.
The search period is from 20 May 2021.
I have conducted a search of ASIC’s systems including ASIC Search, CRM and
Sharepoint in response to your request and have found no documents falling within the
terms of your request. As a result, your request is refused in line with paragraph
24A(1)(b)(ii) of the FOI Act, which provides:
Requests may be refused if documents cannot be found, do not exist or have not been
received
Document lost or non-existent
(1) An agency or Minister may refuse a request for access to a document if:
(a) all reasonable steps have been taken to find the document; and

2
(b) the agency or Minister is satisfied that the document
(i) is in the agency’s or Minister’s possession but cannot be found; or
(ii) does not exist.
I searched ASIC's systems for files related to Nulis Nominees (Aust) Pty Ltd. I found no
documents falling within the scope of your request. I am satisfied the documents do
not exist.
Review rights
In the event that you are dissatisfied with the decision:
1. You may, within 30 days after the day on which you have been notified of this
decision, apply in writing to ASIC for an internal review of my decision under section
54B of the FOI Act. This review is an independent process conducted by a Senior
Freedom of Information Officer at ASIC. This request should be addressed to me or
to the Senior Manager, Freedom of Information, GPO Box 9827, Brisbane QLD 4001
or by email to xxxxxxxxxx@xxxx.xxx.xx.
2. You may within 60 days after the day on which you have been notified of this
decision, apply in writing to the Office of the Australian Information Commissioner
(
OAIC) for a review of my decision under section 54N of the FOI Act. You may
contact the OAIC by post at GPO Box 5218 Sydney NSW 2001, by email at
xxxxxxxxx@xxxx.xxx.xx or by telephone on 1300 363 992.
Right to complain
You may lodge a complaint with the OAIC in relation to the conduct of ASIC in the
handling of this request. You may contact the OAIC as set out above.
If you have any questions or wish to discuss, please contact the Freedom of Information
team at xxxxxxxxxx@xxxx.xxx.xx.
Yours sincerely,
Rose Bruce-Smith
(Authorised decision maker under section 23(1) of the FOI Act)