Australian Government
Department of Defence
FOi 434/17/18 STATEMENT OF REASONS UNDER THE FREEDOM OF
INFORMATION ACT
1.
I refer to the application by Mr Asher Hirsch from
Right to Know, under the
Freedom of
Information Act 1982 (FOi Act), for access to:
"
the Memorandum of Understanding (Mo U) for the transfer of four Australian Defence
Force C-130 Hercules aircraft to Indonesia signed in July 2012."
FOi decision maker
2.
I am the authorised officer pursuant to section 23 of the FOi Act to make a decision on
this FOi request.
Documents identified
3.
I have identified the document matching the description of the request.
Decision
4.
I have decided to deny access to the document on the grounds the material is considered
exempt under sections 33(a) and (b) [Documents affecting national security, defence or
international relations] and section 47G [Conditional exemption- Business] of the FOi Act.
Material taken into account
6.
In making my decision, I had regard to:
a.
the terms of the request;
b.
the content of the identified document in issue;
c.
relevant provisions in the FOi Act;
d.
the Guidelines published by the Office of the Australian Information
Commissioner under section 93A of the FOi Act (the Guidelines);
e.
advice from International Policy Division and Defence Legal; and
f.
advice from the Australian Embassy Jakarta.

4
24.
None of the factors listed in section
11B(4) of the FOI Act (Irrelevant Factors) were
taken into account when making my decisions under the Public Interest or Business
conditional exemptions.
Rachelle Warner
Accredited Decision Maker
Strategic Policy & Intelligence Group
August 2018