Australian Securities
and Investments Commission
Office address (inc courier deliveries):
Level 7, 120 Col ins Street,
Melbourne VIC 3000
Mail address for Melbourne office:
GPO Box 9827,
Brisbane QLD 4001
Tel: +61 1300 935 075
Mr Phillip Sweeney
Fax: +61 1300 729 000
www.asic.gov.au
By email only:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Our Reference:
193-2020
29 October 2020
Dear Mr Sweeney,
Freedom of Information Request No. 193-2020
Notice of Decision
I refer to your request dated 30 September 2020 under the
Freedom of Information
Act 1982 (
FOI Act) in which you seek access to documents in the possession of the
Australian Securities and Investments Commission (
ASIC).
Your request states:
The website below provides a copy of ASIC Superannuation (Amendment)
Instrument 2018/474.
https://www.legislation.gov.au/Details/F2018L00709
The website states "No longer in force".
The document I seek is a document that would confirm the date on which the
status of this Legislative Instrument was changed to "No longer in force"
I am the authorised decision-maker for the purposes of section 23 of the Act and this
letter gives notice of my decision.
Decision
A search of ASIC's records was conducted by ASIC’s Superannuation team for a
document confirming the date the legislative instrument
ASIC Superannuation
(Amendment) Instrument 2018/474 was no longer in force. I am satisfied that all
reasonable steps have been taken to find a document of ASIC fitting this description.
I confirm that ASIC does not hold any documents which fit the terms of your request.
Therefore, my decision is to refuse your request under s24A(1)(b)(ii) of the FOI Act.
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Information considered
In reaching my decision, I have considered the following:
• the FOI Act, in particular section 24A;
• the results from searches conducted by ASIC staff;
• the Australian Information Commissioner’s FOI Guidelines issued under s
93A of the FOI Act (
FOI Guidelines);
• the terms of your request.
Section 24A of the FOI Act
Section 24A of the FOI Act relevantly provides:
An agency or Minister may refuse a request for access to a document if:
(a) all reasonable steps have been taken to find the document; and
(b) the agency or Minister is satisfied that the document:
(i)
is in the agency’s or Minister’s possession but cannot be found; or
(ii)
does not exist.
Further information
The information you seek can be obtained through a publicly available source. I
provide the following to assist you:
• The Federal Register of Legislation provides publicly available information free
of charge about the registration and repeal of legislative instruments. This
information can be found by searching
www.legislation.gov.au for a legislative
instrument and clicking on/expanding the ‘DETAILS’ heading of the instrument.
Where a legislative instrument was repealed, the information under the
‘DETAILS’ heading includes the date on which the legislative instrument was
repealed and its status changed to “No longer in force”.
• The consolidated
ASIC Superannuation (RSE Websites) Instrument 2017/570
incorporates the amendments made by
ASIC Superannuation (Amendment)
Instrument 2018/474.
Review rights
In the event that 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 an internal review of my decision under section
54B of the FOI Act. This review is an independent process conducted by a Senior
Freedom of Information Officer at ASIC. This request should be addressed to me or
to the Senior Manager, Freedom of Information, GPO Box 9827, Brisbane QLD 4001
or by email t
o xxxxxxxxxx@xxxx.xxx.xx.

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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
xxxxx@xxxx.xxx.xx 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 set out above.
If you have any questions or wish to discuss, please contact me at
xxxxx.xxxxxxx@xxxx.xxx.xx. Yours sincerely,
Fleur Forsyth
(Authorised decision maker under section 23(1) of the FOI Act)