Level 20, Commonwealth Bank Building,
240 Queen Street, Brisbane QLD 4000
10 July 2018
GPO Box 9827, Brisbane QLD 4001
DX 322 Brisbane
Mr Jason Simpson
Telephone: +61 7 3867 4700
By email:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Simpson,
Freedom of Information Request –
Notice to identify documents
under section 24AB of the Freedom of Information Act 1982
I refer to your email of 29 June 2018 access to documents under the
Freedom of
Information Act 1982 (
FOI Act). Your request seeks:
”…a copy of all correspondence between ASIC and the directors of 3D Group Pty Ltd
and 3D Industries Pty Ltd and ASIC from the 24th December 2014 to the end of the Deed
of Company Arrangement with 333d and up until the date when they listed on the
Australia Stock Exchange.” (Type 1 Documents)
…all correspondence between ASIC and the Administrator (Domenic Calabretta) and
staff of McKay Goodwin who were appointed by 3D Group directors on the 24th of
December of 3D Group Pty Ltd and 3D Industries Pty Ltd.”
I advise that your request does not comply with section 15(2)(b) of the FOI Act as it does
not provide enough information to enable me to identify the documents to which you
seek access. Section 15(2)(b) states that a request must "provide such information
concerning the document as is reasonably necessary to enable a responsible officer of an
agency to identify it". As section 15(2)(b) has not been met ASIC may, in accordance
with section 24(1)(b) of the FOI Act, refuse to process your application.
In its current form, it would be my intention to refuse access to the documents sought in
your email. However to assist you to make a valid request I make the following comments
with regard to the
Type 1 Documents:
1.
It is unclear as to the end date of the period that you are seeking the documents
because your request appears to specifcy two end dates for the period.
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2.
One end date is the end of the Deed of Company Arrangement (
DOCA) for 3D
Group Pty Ltd and 3D Industries Pty Ltd (
Companies), which is 30 June 2015.
3.
The other end date is the date that ‘they’ listed on the Australian Stock Exchange
(
ASX).
4.
The reference to ‘333d’ in your request, I believe it means 333D Pty Ltd ACN 603
584 069 which entered into the DOCA with the Companies. 333D Pty Ltd does not
appear to be listed on the ASX.
5.
Another company with a similar name which is listed on the ASX is 333D Ltd ACN
118 159 881. Details from the ASX website show that this company’s official
listing date is 27 December 2006 which is earlier than the commencement date of
the period that you specified in your request. This company is also not the company
which entered into the DOCA with the Companies.
6.
The Companies are also not listed on the ASX.
7.
Please consider the period that you are seeking the Type 1 Documents. Is it from 24
December 2014 to 30 June 2015 (which is the date on which the DOCA ended)? Or
is the end date of that period some other date? If it is another date, please specify
that date.
8.
If you are seeking Type 1 Documents for two separate time periods, please specify
each period with start and end date.
You should be aware that while the first 5 hours of decision making in respect to FOI
requests is free of charge, ASIC is entitled to charge for searching and retrieval of
documents and decision making time in excess of 5 hours. Careful attention to the terms
of the request can significantly reduce the provision of unrequired documents and thereby
impact substantially upon the cost of the request.
As a general rule, an application must be processed within 30 days. However, please note
that in accordance with section 24AB(8) of the FOI Act, the time for processing your
request is suspended from the day that you receive this letter and resumes on the day
after ASIC receives from you a request in writing which contains sufficient information
to identify the documents required.
You may wish to telephone me on 07 3867 4976 for assistance in making your request in
a revised form which removes the grounds for refusal. Should you wish to consult with
me for this purpose, you are required to contact me within 14 days after the date that you
receive this letter.
Please note that following any consultation, should you wish to amend the terms of your
request, you are required, in compliance with section 15(2)(a) of the FOI Act to confirm
in writing the terms of such amended request.
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Pursuant to section 24AB(6) of the FOI Act, before the end of the consultation period
you are required to have done one of the following:
(a) withdrawn the request;
(b) made a revised request; and
(c) indicated that you do not wish to revise the request.
If I do not hear from you about clarifying the terms of your request within 14 day after
the date of this letter your request will, in accordance with sections 24AB(6) and
24AB(7) of the Act, be taken to be withdrawn.
Yours faithfully
Patricia Hu
(Authorised Decision-maker under section 23(1) of the FOI Act)
for the Australian Securities and Investments Commission