Australian Securities
and Investments Commission
Level 7, 120 Col ins Street,
Melbourne VIC 3000
GPO Box 9827,
Melbourne VIC 3001
Tel: +61 1300 935 075
Fax: +61 1300 729 000
www.asic.gov.au
Our reference:
27356/18
7 November 2018
Mr Phil ip Sweeney
By email –
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx Dear Mr Sweeney
Freedom of information request – Notice the applicant is liable to pay a charge
We refer to your request for access to documents relating to NULIS Nominees
(Australia) Limited under the
Freedom of Information Act 1982 (
FOI Act).
Pursuant to section 29 of the FOI Act, I have decided you are liable to pay a charge
to process your request. I am an officer authorised under subsection 23(1) of the FOI
Act to make decisions in relation to FOI requests.
In accordance with section 29 of the FOI Act and the
Freedom of Information
Charges Regulations 1982, my preliminary assessment of the charge you are liable to
pay is $15.00.
Basis for my preliminary assessment of the charge
I assessed the work ASIC would need to do, and the work ASIC has already done, to
process your request and calculated the fol owing breakdown of charges:
Document estimate
Number of relevant documents
1
Number of relevant pages (or other size descriptor)
5
PROCESSING CHARGES
Search and retrieval
Task
Time
Cost @ $15/hr
Search and retrieval of relevant electronic and registry
0.5
$7.5
files
2
Search and retrieval of relevant pages in file
-
-
Preparation of schedule of documents
0.5
$7.5
A. Search and retrieval subtotal
1
$15
Decision making
Task
Time
Cost @ $20/hr
Examination of documents
0.5
$10
Consultation with third parties
2
$40
Preparation of documents for release
-
-
Preparation of notice of access decision
1
$20
Decision making subtotal (before deduction of 5 hours)
3.5
$70
B. Decision making subtotal (after deduction of first 5
0
$0
hours free)
ESTIMATED TOTALS AND DEPOSIT
Estimated total – total of A and B
$15.00
Required deposit
Nil
Your right to contend the charge
Under the FOI Act, you have the right to contend that the charge:
•
has been wrongly assessed, or
•
should be reduced, or
•
should not be imposed.
In deciding whether a charge should be reduced or not imposed, the decision maker
in our agency must consider:
•
whether payment of the charge, or part of it, would cause you financial
hardship;
•
whether giving access to the document is in the public interest or in the
interest of a substantial section of the public; and
•
any other relevant matter.
What you need to do
You have 30 days to respond to this notice in writing. We therefore expect a response
from you by
7 December 2018. By that date, you must do one of the fol owing:
•
agree to pay the charge (this wil mean that you wil not be entitled to
access the requested documents until the ful charge is paid);
•
contend that the charge has been wrongly assessed, or should be
reduced or not imposed and explain your reasons; or
•
withdraw your request.
3
Please send me your response by return email at xxxxx.xxxxx@xxxx.xxx.xx.
If you do not provide us with a written response by
7 December 2018 your request wil
be taken to have been withdrawn.
The period for processing your request is suspended from the day that you receive this
notice and resumes on either the day you pay the charge (in ful or the required
deposit) or the day on which this agency decides not to impose a charge.
Questions about this notice
If you have questions or wish to discuss this notice with us, please contact me on 03
9280 4614 or by email at
xxxxx.xxxxx@xxxx.xxx.xx. Also, the Office of the Australian Information Commissioner website provides useful
and relevant information about charges under the FOI Act:
•
Fact Sheet 7: Freedom of information - charges
•
FOI guidelines: Part 4 – Charges for providing access
Yours sincerely
David Asadi
Authorised decision-maker under subsection 23(1) FOI Act
Australian Securities and Investments Commission
