Mr John Citizen
xxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Our reference:
MYM59589
Contact officer:
John Larocque
Phone:
(02) 6216 1972
18 December 2012
Decision regarding your Freedom of Information request MYM 59589
Dear Mr Citizen
I, John Larocque, am an officer authorised under section 23(1) of the
Freedom of Information Act
1982 (FOI Act) to make decisions in relation to FOI requests.
You made an FOI request from the righttoknow.org.au website dated 28 November 2012. Your
request was in the following words.
Please report on all erroneous tax refunds to Hong Kong bank accounts exceeding $1
million.
In my acknowledgement letter dated 12 December 2012 I noted that I took your request to be for
any document we have in our possession about tax refunds made in error to Hong Kong bank
accounts over $1 million.
Decision
The relevant area in the ATO investigated your request. It told me there is no record at all of
sending money overseas which meets your description.
I am satisfied on that basis that the document you seek does not exist. I must therefore tell you that
I refuse your request under subparagraph 24A(1)(b)(ii) of the FOI Act.
Charges
I have decided there will be no charge for costs incurred in processing your request.
Complaints
You can make a written complaint to the Australian Information Commissioner about the
processing of your FOI request. You can get more information about that from the Office of the
Australian Information Commissioner website
www.oaic.gov.au and you can call that agency on
1300 363 992 for the cost of a local call. The Commonwealth Ombudsman may investigate
complaints relating to FOI where that would be more appropriate or effective (for example, where
the FOI complaint is only one part of a wider grievance about an agency's actions). In such cases
the Information Commissioner and the Commonwealth Ombudsman will consult.
Your rights of review
If you are unhappy with my decision, you can request an internal ATO review or an independent
Australian Information Commissioner review. You can still apply to the Australian Information
Commissioner for a review even after we have conducted an internal review.
The internal review would be done by an ATO officer who did not make the initial decision. A
request for an internal review needs to be:
•
in writing
•
sent to us within 30 days of being notified of my decision, quoting reference number
MYM59589, via email to xxx@xxx.xxx.xx
A request for an independent review by the Australian Information Commissioner needs to:
•
be sent within 60 days of being notified of my decision
•
include a copy of this notice
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•
include an address where notices can be sent (eg your email address), and
•
be sent to:
Office of the Australian Information Commissioner
GPO Box 2999
Canberra City, ACT 2601
You may also apply to the Australian Information Commissioner if you have not been informed of
the outcome of an internal review within 30 days.
For more about the Australian Information Commissioner please visit
www.oaic.gov.au
For more information
If you have any questions, please send an email to
xxx@xxx.xxx.xx with a reference to
MYM59589 in the subject line.
Please note that the ATO ceases normal business for the Christmas period starting Tuesday 25
December 2012 up to and including Tuesday 1 January 2013, returning to work on Wednesday 2
January 2013.
Sincerely
John Larocque
Senior Principal Legal Officer
General Counsel Practice | Legal Services
ATO | Working for all Australians
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