OFFICIAL
Our Ref: LEX 2983
27 August 2024
CR (Right to know)
Em
ail: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear CR
Freedom of Information request
I refer to your request dated 30 July 2024 for documents held by the Australian Federal Police (AFP)
pursuant to the
Freedom of Information Act 1982 (the Act) in relation to the below:
A list of all internet domains seized or taken down by the AFP, or by another law enforcement
agency in a joint international law enforcement operation involving the AFP, from 1 January
2020 to 30 July 2024.
For example, this request includes domains such as:
• "xxxxxxxxxx" and "xxxxxxxxxxxxxxx" (seized by the FBI in joint operations with the AFP)
• The domain associated with LabHost, taken down in Operation Nebulae (referenced in the
AFP media release: https://www.afp.gov.au/news-centre/media-release/global-sting-sees-
australian-offenders-arrested-cybercrime-and-phishing)
• Any other domains where a "takedown notice" or similar message was displayed by the AFP or
partner agencies following the seizure or disruption, similar to the actions taken against child
abuse websites mentioned in this AFP media release: https://www.afp.gov.au/news-
centre/media-release/afp-blocks-10-child-abuse-websites-and-tracks-thousands-predators-who
(Quote: "Visitors to these sites will now see a ‘takedown notice’ issued by the AFP and cannot
access previously-hosted child exploitation material.")
This request excludes domains that have been silently taken over (taken over without informing
users of the site), as disclosing such information would likely interfere with ongoing AFP
operations.
For the purposes of this request, the terms "seized" and "taken down" are used interchangeably
OFFICIAL
Freedom of Information
/ GPO Box 401 Canberra City ACT 2601
/ Email: xxx@xxx.xxx.xx
POLICING FOR A SAFER AUSTRALIA
ABN 17 864 931 143
afp.gov.au
OFFICIAL
to encompass any instance where the AFP or a partner agency rendered a domain inaccessible
as part of a law enforcement action.
The Commissioner of the AFP, being the principal officer of the Agency, has authorised me to make
decisions on behalf of the agency in respect of the Act.
SEARCHES
Searches for documents were undertaken by the AFP Crime Command, Cyber Command, Intelligence
& Covert Services, Counter Terrorism & Special Investigations Command and International Command
relevant to the scope of your request which included, a search of all records held by those line areas
within the AFP.
As a result, no documents relating to your request have been located in the possession of the
Australian Federal Police. By way of further explanation, the Act
provides for access to documents in an
agency’s possession at the time the request is received. There is no requirement for an agency to create
a document for the purpose of responding to an FOI request.
I consider al places where documents might be held were searched and the search terms were
comprehensive enough to locate any relevant documents.
I understand no documents relating to your request have been located in the possession of the AFP.
Accordingly, I am satisfied all reasonable searches have been conducted and the AFP does not have
any documents to produce in response to your request.
Section 24A states:
“An agency or Minister may refuse a request for access to a document if:
(a)
al reasonable steps have been taken to find the document; and
(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.”
REVIEW AND COMPLAINT RIGHTS
If you are dissatisfied with a Freedom of Information decision made by the AFP, you can apply either
for internal review of the decision, or for a review by the Information Commissioner (IC). You do not
have to apply for internal review before seeking review by the IC.
For complaints about the AFP’s actions in processing your request, you do not need to seek review by
either the AFP or the IC in making your complaint.
Internal review by the AFP
Section 54 of the FOI Act gives you the right to apply for internal review of this decision. No particular
form is required to make an application for internal review, however, an application needs to be made
in writing within 30 days of this decision. It would assist the independent AFP decision-maker
responsible for reviewing the file if you set out in the application, the grounds on which you consider
the decision should be reviewed.
Section 54B of the FOI Act provides that the internal review submission must be made within 30 days.
Applications may be sent by email
(xxx@xxx.xxx.xx) or addressed to:
OFFICIAL
OFFICIAL
Freedom of Information
Australian Federal Police
GPO Box 401
Canberra ACT 2601
Review by the Information Commissioner
Alternatively, section 54L of the FOI Act gives you the right to apply directly to the IC for review of this
decision. In making your application you will need to provide an address for notices to be sent (this
can be an email address) and a copy of the AFP decision.
Section 54S of the FOI Act provides the timeframes for an IC review submission. For an
access
refusal decision covered by section 54L(2), the application must be made within 60 days. For an
access grant decision covered by section 54M(2), the application must be made within 30 days.
Applications for IC review may be lodged by email
(xxxxx@xxxx.xxx.xx), using the OAIC’s online
application form (available
at www.oaic.gov.au) or addressed to:
Office of the Australian Information Commissioner
GPO Box 5218
Sydney NSW 2001
The IC encourages parties to an IC review to resolve their dispute informally, and to consider possible
compromises or alternative solutions to the dispute in this matter. The AFP would be pleased to
assist you in this regard.
Complaint
If you are unhappy with the way we have handled your FOI request, please let us know what we could
have done better. We may be able to rectify the problem. If you are not satisfied with our response,
you can make a complaint to the IC. A complaint may be lodged using the same methods identified
above. It would assist if you set out the action you consider should be investigation and your reasons
or grounds.
More information about IC reviews and complaints is available on the OAIC’s website at
https://www.oaic.gov.au/freedom-of-information/reviews-and-complaints/.
Yours sincerely
AFP24826
FOI Team Leader - Corporate
Freedom of Information
Chief Counsel Portfolio
OFFICIAL
