23 Marcus Clarke Street
Canberra ACT 2601
GPO Box 3131
Canberra ACT 2601
Our ref:
PRJ1008213
tel: (02) 6243 1111
Contact officer:
FOI Team
fax: (02) 6243 1199
Contact phone:
02 6243 1244
www.accc.gov.au
4 August 2025
Edward Pellew
Sent via email to: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Edward,
Withdrawal of freedom of information request
I refer to your web submission dated 18 June 2025 in which you request access,
under the
Freedom of Information Act 1982 (Cth), to:
‘in relation to alleged breaches of the Energy Retail Code by Diamond Energy, as announced by
the Commission in a media statement available here:
https://www.accc.gov.au/media-release/diamond-energy-pays-penalties-for-failing-to-adequately-
communicate-pricing-information-to-consumers-0
I seek access to the following documents:
1. The investigation report (final version) 2. The three infringement notices 3. An account (or
equivalent) statement that demonstrates payment of the penalties 4. If created, the brief, report or
email provided to any Commonwealth Minister about the outcome of this investigation and planned
public announcement.’
As you have not agreed to pay the charges or provided notice as required under s.29
of the FOI Act, your FOI request is withdrawn.
In our letter of 4 July 2025
, we advised you of the cost estimate for processing your
request. More than 30 days has elapsed since we sent that letter and we have not
received a response from you.
Section 29 of the FOI Act states:
(1)
Where, under the regulations, an agency or Minister decides that an applicant
is liable to pay a charge in respect of a request for access to a document, or
the provision of access to a document, the agency or Minister must give to the
applicant a written notice stating:
(a) that the applicant is liable to pay a charge; and …
(f) that the
applicant must, within the period of 30 days, or such further
period as the agency or Minister allows, after the notice was given,
notify the agency or Minister in writing:
(i) of the applicant's agreement to pay the charge; or
(ii) if the applicant contends that the charge has been wrongly assessed,
or should be reduced or not imposed, or both — that the applicant so
contends, giving the applicant’s reasons for so contending; or
(iii) that the applicant withdraws the request for access to the document
concerned; and
(g) that if the applicant fails to give the agency or Minister such a notice within
that period or further period, the request for access to the document will be
taken to have been withdrawn.
Yours sincerely
Sonya Petreski
FOI Officer
Specialist Advice and Services Division
Sent by email 4/08/2025
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