and Investments Commission
Office address (inc courier deliveries):
Level 5, 100 Market Street,
Sydney NSW 2000
Mail address for Sydney office:
GPO Box 9827,
Brisbane QLD 4001
Tel: +61 1300 935 075
Phil ip Sweeney
Fax: +61 1300 729 000
By email: [FOI #6594 email]
4 September 2020
Dear Mr Sweeney
Freedom of Information Request No. FOI 158-2020
Notice of Extended Timeframe (Third Party Consultation)
I refer to your request dated 12 August 2020 under the Freedom of Information
) in which you seek access to documents in the possession of
the Australian Securities and Investments Commission (ASIC
Certain documents that fall within the scope of your request contain personal
information about another individual and information concerning the business,
commercial or financial affairs of an organisation. Therefore, ASIC is required to
consult with those third parties (under sections 27 and 27A of the FOI Act)
before making a decision on the release of these documents.
The consultation provision under:
• section 27 of the FOI Act applies when a decision-maker forms the view
that the person or organisation concerned may wish to contend that the
requested documents are exempt because their release would disclose
trade secrets, commercially valuable information or that it may adversely
affect their business or financial affairs.
• section 27A of the FOI Act applies when a decision-maker forms the view
that the individual concerned may wish to contend that the requested
documents are exempt because their release would constitute an
unreasonable disclosure of their personal information.
For these reasons, I have written to the affected third parties to invite them to
make a submission regarding the release of the documents. I wil take into
consideration comments received from them noting that the final decision
about whether the documents are exempt rests with me as the decision maker.
Pursuant to section 15(6) of the FOI Act the period for processing your request
has now been extended by 30 days to allow ASIC time to undertake this
consultation process. You should therefore expect a decision to be made by
12 October 2020.
If you have any questions or wish to discuss, please contact me on [email address]
or (02) 9911 5269.
Freedom of Information Officer
(Authorised decision maker under section 23(1) of the FOI Act)