9 October 2025
FOI ref: 4036
Mr Dean Foley
By email
: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Foley
FREEDOM OF INFORMATION REQUEST – DECISION
I refer to your request to Treasury on 12 September 2025 for access, under the
Freedom of
Information Act 1982 (
FOI Act), to the following:
the decision record, any conditions, and Treasury briefings relating to the proposed
acquisition of Ayers Rock Resort by Journey Beyond (or its parent or acquisition vehicle)
(1 Jul 2024 – present). Please provide edited copies under s 22 where required and
release non-contentious parts now.
I am an authorised decision maker under section 23 of the FOI Act.
Decision
I have decided to refuse your request for access to documents under sections 7(2A), 33, 45,
47E(d) and 47G(1)(a) of the FOI Act, while neither confirming nor denying the existence of
relevant documents under section 26(2) of the FOI Act.
Further information regarding my decision is set out below.
Reasons for decision
Neither confirm nor deny
Section 26(2) of the FOI Act provides that FOI decision letters are not required to contain
information which would be exempt under the FOI Act. I consider disclosure of the fact of the
existence, or otherwise, of the documents you are seeking would be exempt confidential
business information constituting
protected information under Part 7 Division 3 of the
Foreign
Acquisitions and Takeovers Act 1975 (
FATA)
.
I also consider the disclosure of the information would also substantially and adversely affect
the Treasury’s operations as secretariat for the Foreign Investment Review Board (
FIRB). This
decision letter, nor the time taken to respond to your request, should, in no way, be taken to
confirm the existence of any such documents.
Langton Crescent
Parkes ACT 2600
Australia
P: +61 2 6263 2800
Section 33 – documents affecting national security, defence or international relations
Section 33(a) of the FOI Act provides a document is an exempt document if its disclosure
would, or could reasonably be expected to, cause damage to:
(i) the security of the Commonwealth;
(ii) the defence of the Commonwealth; or
(iii) the international relations of the Commonwealth.
Consultation responses obtained in the course of processing a FIRB application would likely
disclose confidential advice from defence and national security agencies. Agencies are exempt
from the operation of the FOI Act in relation to national security-related information under
section 7(2A) of the FOI Act. Any such defence or national security-related information not
attracting section 7(2A) would likely be exempt under section 33(a)(i) or 33(a)(ii) of the FOI
Act.
Information involving a foreign government, for example, as a shareholder or owner of the
foreign investment applicant, would likely be exempt under section 33(a)(iii) of the FOI Act on
the basis disclosure of the requested information could damage Australia’s international
relations with that government by breaching an mutual understanding of confidence.
Section 45 – material obtained in confidence
Section 45 of the FOI Act provides a document is an exempt document if its disclosure would
give rise to an action, by a person (other than an agency or the Commonwealth), for breach of
confidence.
Foreign investment applications are received by the Treasury in confidence and treated as
protected information under the FATA. Documents subsequently created or received in
relation to the application, including consultation responses and FIRB advice to the Treasurer
about the application, are similarly classed as protected information. I accordingly find the
requested information, if it existed, would be exempt under section 45 of the FOI Act.
Section 47E(d) – operations of an agency
Section 47E(d) of the FOI Act provides that a document is conditionally exempt where
disclosure would, or could reasonably be expected to, prejudice or have a substantial adverse
effect on the proper and efficient conduct of the operations of an agency.
The work of the FIRB and the Treasury officers who work with it relies on the fulsome
disclosure of sensitive commercial information by prospective foreign investors and current
investors. This information is incorporated into advice and recommendations made by the FIRB
and the Treasury to the Treasurer, as decision maker, concerning foreign investment
applications.
The requested documents, if they existed, would contain confidential communications
between the FIRB, the Treasurer, Treasury officers who work with them, and third parties
regarding a foreign investment application.
An obligation of confidence is owed to all foreign investment applicants, and public disclosure
of these documents could reasonably be expected to reduce the willingness of prospective
foreign investment applicants to provide fulsome information to the Treasury in the future, or
even to make applications for foreign investment in Australia at all.
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This would impede the ability of the Treasury as advisor to the FIRB and the Treasurer, and the
Treasurer as decision maker, to discharge their respective functions in relation to foreign
investment and compromise the integrity of the confidential foreign investment review
process to an unacceptable degree.
Section 47G(1)(a) – business information
Section 47G(1)(a) of the FOI Act provides that a document is conditionally exempt from
disclosure to the extent that it contains business information that would be unreasonable to
disclose.
Information about the existence or otherwise of any applications referred to in your request is
not, to my knowledge, publicly known. I therefore consider disclosing information about the
existence or otherwise of the requested documents would be unreasonable because the
disclosure of confidential business information would give competitors an unfair insight into a
business’s lawful activities. I accordingly find any such information, if it existed, would be
conditionally exempt under section 47G(1)(a) of the FOI Act.
Public interest
Section 11A(5) of the FOI Act provides that conditionally exempt material must be released
unless its disclosure would, on balance, be contrary to the public interest. Section 11B(3) sets
out public interest factors favouring release, and section 11B(4) sets out factors that must not
be taken into account. The FOI Guidelines set out factors in favour of, and against, releasing
conditionally exempt material. I have not taken into account any of the matters set out in
section 11B(4) of the FOI Act.
In favour of release, I find disclosure of the documents within the scope of your request would
promote the objects of the FOI Act by increasing public participation in Government processes,
with a view to promoting better-informed decision-making and increasing scrutiny, discussion,
comment and review of the Government’s activities.
Against release, I find disclosing the relevant documents request would or could reasonably be
expected to, impede the flow of confidential information to the FIRB as an advisory body,
adversely affect the Treasury’s and the FIRB’s ability to obtain confidential information in the
future, and prejudice the competitive commercial activities of an organisation in respect of its
lawful business affairs.
On balance, I consider there is an overriding public interest in ensuring the effective and
unimpeded discharge of the functions of regulatory bodies such as the Treasury and the FIRB
as essential components of good and effective government. In my view, such documents, were
they to exist, would be exempt in full under sections 47E(d) and 47G(1)(a) of the FOI Act.
Rights of Review
A statement setting out your rights of review in this matter is attached.
Yours sincerely
Justin Baguley
Assistant Secretary
Foreign Investment Division
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INFORMATION ON RIGHTS OF REVIEW
1.
APPLICATION FOR INTERNAL REVIEW OF DECISION
Section 54 of the FOI Act gives you the right to apply for an internal review of the decision
refusing to grant access to documents in accordance with your request.
An application for a review of the decision must be made in writing within 30 days of receipt of
this letter.
No particular form is required but it would assist the decision-maker if you could set out in the
application the grounds on which you consider that the decision should be reviewed.
An application for a review of the decision should be emailed
to xxx@xxxxxxxx.xxx.xx.
OR
2.
APPLICATION TO AUSTRALIAN INFORMATION COMMISSIONER (INFORMATION
COMMISSIONER) FOR REVIEW OF DECISION
Section 54L of the FOI Act gives you the right to seek a review of the decision from the
Information Commissioner. An application for review must be made within 60 days of
receiving the decision.
An application for review must be in writing and must:
– give details of how notices must be sent to you; and
– include a copy of the notice of decision.
You should send your application for review to:
The Information Commissioner
Office of the Australian Information Commissioner
GPO Box 5218
SYDNEY NSW 2001
AND/OR
3.
COMPLAINTS TO THE INFORMATION COMMISSIONER
Section 70 of the FOI Act provides that a person may complain to the Information
Commissioner about action taken by an agency in the exercise of powers or the performance
of functions under the FOI Act.
A complaint to the Information Commissioner must be in writing and identify the agency the
complaint is about. It should be directed to the following address:
The Information Commissioner
Office of the Australian Information Commissioner
GPO Box 5218
SYDNEY NSW 2001
The Information Commissioner may decline to investigate the complaint in a number of
circumstances, including that you did not exercise your right to ask the agency, the
Information Commissioner, a court or tribunal to review the decision.
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