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Document 2
From:
Transparency
To:
xxxxxxx@xxxxxxxxxxxx.xxx.xx
Cc:
Transparency
Subject:
CM: FOREIGN INFLUENCE TRANSPARENCY SCHEME: S45 NOTICE [SEC=UNCLASSIFIED]
Date:
Tuesday, 22 October 2019 9:51:38 AM
Attachments:
image001.png
s45 notice to LibertyWorks - 21 October 2019.pdf
(s 22)
Importance:
High
Dear Mr Cooper
Please find
attached a notice under the
Foreign Influence Transparency Scheme Act 2018 (Cth).
We note that the legislation requires a response to this notice within 14 days. Criminal penalties
apply for a failure to comply.
(s 22)
We would be happy to forward the original correspondence to you on receipt of a postal
address.
Please confirm receipt of this email.
Kind regards
Transparency | T: +61 2 6141 3222 | E: xxxxxxxxxxxx@xx.xxx.xx
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Document 3
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Document 4
Liberty Works Inc.
w. libertyworks.org.au
w. cpacaustralia.org
w. libertyfest.org.au
1 November 2019
Attorney General’s Department
Foreign Influence Transparency Scheme
3 - 5 National Circuit
Barton ACT 2600
For the attention of :
Ms xxxxx Chidgey
Dear Ms Chidgey
RE: Your email to us received 22 October 2019
s45 Notice to Provide Information and Documents
We refer to the above email where you make a demand for
“Liberty Works to give information and
make and produce copies of documents to satisfy me as to whether Liberty Works is liable to
register under the Foreign Influence Transparency Scheme” by midnight 5th November 2019.
You
threaten that
“Failure to provide the documents within the relevant timeframe may result in
the matter being referred to the Australian Federal Police for criminal investigation. ” You
further advise that the maximum penalty for noncompliance is 6 months jail.
We note that the information and documents to be provided include
“copies of al documents relating
to the organisation of the Conservative Political Action Conference of August 2019 (“the
Conference”), including but not limited to :
1. Any agreement, contract or other document detailing any understanding or arrangement
between Liberty Works and the ACU
2. Any invitations, letters or other correspondence from Liberty Works or the ACU sent to
individuals invited to speak at or attend the Conference, including correspondence
subsequent to the initial invitation
3. Copies, transcripts or video or audio recordings of speeches made by speakers at the
conference, including of speeches by members of Liberty Works or the ACU to introduce or
conclude the Conference or a specific day or event at the conference
4. Summaries of the topics covered by speakers at the Conference, and
5. Material produced or distributed by Liberty Works promoting the Conference or the ACU.“
Our Response
Please note that
we can not, and will not, comply with this notice as the notice is invalid and
makes demands that are impossible for us to meet.
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Our assessment of the s45 notice is formed, in part but not limited to, the fol owing:
1.
The Secretary failed the “reasonably suspects” requirement of Part 4 Section 45 (1)
(a) of the Act
The notice you have sent is a fishing exercise that casts the widest possible net. For
example, you seek every piece of communication with every CPAC speaker and delegate. If
you suspect there is a registrable arrangement between LibertyWorks and the ACU, what
relevance are records of communication between LibertyWorks and domestic speakers
such as media personalities, economists, cultural commentators, federal Senators, federal
Members of Parliament and state government Members of the Legislative Assembly? The
breadth and scope of the requirements in your notice betray a lack of specific concerns and
you do not “reasonably suspect” we are required to register with the scheme.
2.
The Secretary has given no regard to the costs of LibertyWorks complying with the
notice under Part 4 Section 45 (5) of the Act
“Before giving a person a notice under subsection (2), the Secretary must have regard to the
costs, in complying with any requirement in the notice, that would be likely to be incurred by
the person.”
You would know that LibertyWorks is a smal volunteer not-for-profit organisation. Our
resources are limited to one ful -time volunteer staff member supported by a smal number of
occasional casual volunteers. You have asked us to produce an enormous amount of
material, thousands of records, recordings and more within 14 days of receiving the notice.
You would know that this is not within our resource capabilities and would impose costs on
us that could threaten our viability. Was that your intent?
3.
Some of your requests are not within our control or possession
You seek al correspondence between American Conservative Union (ACU) and CPAC
speakers and attendees. You would be aware that ACU are a prominent US based think
tank and that provided the requested material obviously not within our possession or control.
How can you demand what we do not have?
4.
Some of your demands have national security implications and are possibly illegal
Your requests described in “3” requires us to provide al ACU communications with CPAC
speakers including US Congressman Mark Meadows and UK Brexit Party leader Nigel
Farage. Do you seriously think that we would request United States based American
Conservative Union to hand over to you their correspondence with either a United States
Congressman or the leader of a major United Kingdom political party? Have you considered
the national security implications and legality of asking us to comply with this demand? We
have and we wil not comply.
Please also note that your claim that you have sent your notice
“via registered post to(s 47F)
is false. We have
not received that mail nor received a notice for that mail and a search of the tracking number
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Document 5
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