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 3 5177 3999
Our Reference: FOI 190-2019
Email: [FOI #5624 email]>
11 October 2019
FREEDOM OF INFORMATION ("FOI") APPLICATION –
Notification of decision
I refer to your request dated 11 September 2019 under the Freedom of Information Act
) in which you seek information in the possession of the Australian Securities
and Investments Commission (ASIC
I also refer to my letter of 26 September 2019 which invited you to clarify your request
and provide further information about the nature of the document
you are seeking.
On 2 October 2019 you provided a response to my letter and in your first response you
“…Who is the Registered owner of the ABN”
And then in a second response you made the fol owing statements:
“…I asked if these entities were al under the 1 ABN , obviously they are what I
real y want to know is why are al these entities under the 1 ABN, why these
Are the choices specific ?
This is not just some random occurrence, so what brings al these together in
what must be specific and not random.
Is there any documentation regarding the registering of these entities under a
single ABN, is there legislation for this, or Hansard
why is the High Court Of Australia under a different ABN.
How is it possible for ASIC to the regulator for HCA, the HCA was established as
a part of the 1900 Constitution brought in to effect in 1901 by her majesty queen
I see, ASIC is the regulator of the Corporation, so HCA has its own corporation
constitution with in the federation and it's Constitution.
So If I'm not happy HCA's conduct can I make a complaint to ASIC and what
authority does ASIC over HCA under the 2001 corporations act, does ASIC have
the authority to BAN HCA and it's role as a corporation? HCA would stil continue
in it's role as the highest authority of law.
but then the HCA has the authority to make ASIC non existent?
I'm positive the 1999/2000 referendum for a republic didn't carry
Is the Commonwealth Government the owner of the ABN's”
Fol owing your responses of 2 October 2019, I understand your request to mean that
you seek access to:
“documentation regarding the registering of these entities under a single ABN”
I am the authorised decision-maker for the purposes of section 23 of the Act and this
letter gives notice of my decision.
Searches of ASIC's records have been undertaken in accordance with the provisions
of the FOI Act. I confirm that ASIC does not hold any documents which fit the terms of
your request and therefore your request is refused under s24A(1) of the FOI Act.
Section 24A(1) of the FOI Act states “an agency or Minister may refuse a request for
access to a document if… the agency or Minister is satisfied that the document... does
To assist you, I have set out additional information for you below
(See Annexure 1).
I provide you with the fol owing information as required by section 26 of the FOI Act. If
you are dissatisfied with the decision:
1. You may, within 30 days after the day on which you have been notified of this
decision, apply in writing to ASIC for a review of my decision by another ASIC
officer under section 54B of the FOI Act. This request should be addressed to me
or to the Senior Manager, Administrative Law GPO Box 9827 Sydney NSW 2001
or by email to [email address].
2. You may within 60 days after the day on which you have been notified of this
decision, apply in writing to the Office of the Australian Information
Commissioner (OAIC) for a review of my decision under section 54N of the FOI
Act. You may contact the OAIC by post at GPO Box 5218 Sydney NSW 2001,
by email at [email address]
or by telephone on 1300 363 992.
Right to complain
3. You may lodge a complaint with the OAIC in relation to the conduct of ASIC in
the handling of this request. You may contact the OAIC as described above.
Should you have any questions about your Freedom of Information request, you may
contact me by email at [email address].
(Authorised Decision-maker pursuant to section 23(1) of the FOI Act)
Lists of information
The right of access under the FOI Act applies to documents that exist at the time the
FOI request was made. It general y does not require an agency to create a new
document in response to a request for access.
Australian Business Number (ABN)
The Australian Business Register (ABR
) is responsible for the registration of Australian
Business Numbers (ABN
). Further information about the features of ABN’s can be found
on their website at www.abr.gov.au.
You may search free data about an ABN using the ABN Lookup
tool on their website.
ASIC is responsible for administering the Business Names Register under the Business
Names Registration Act 2011.
You may also conduct a free search for an ABN and
obtain publicly available documents through ASIC Connect.
If you need assistance accessing documents via ASIC Connect, please cal our
Customer Contact Centre (CCC
) on 1300 300 630. The CCC business hours are Monday
to Friday 8:30 am to 5:00 pm (AEST). The CCC closes for business on national public
holidays and has limited services available on public holidays for each state and
Trading names registered with the State and Territories
On 28 May 2012 (change-over day), ASIC commenced responsibility for the Business
Names Register under the Business Names Registration Act 2011
(BNR Act). Prior to
change-over day, the States and Territories were required to notify ASIC of any business
name registered under the registration law of that State or Territory. The BNR Act did
not extend to a name which was registered with State and Territories as a ‘Trading
name’ and ASIC does not hold information about Trading names. If you need any
information about a trading name, you may wish to contact the Australian Business
ASIC is Australia's corporate, markets and financial services regulator. We regulate
Australian companies, financial markets, financial services organisations and
professionals who advise in investments, superannuation, insurance, deposit taking and
Amongst others, ASIC is also responsible for administering the Company Register under
the Corporations Act 2001
(the Corporations Act
ASIC's corporate database records
the notification of lodged documents under the Corporations Act by or on behalf of a