Australian Securities
and Investments Commission
Office address (inc courier deliveries):
Level 7, 120 Col ins Street,
Melbourne VIC 3000
Mail address for Melbourne office:
11 August 2021
GPO Box 9827,
Brisbane QLD 4001
Mr Lucas Baird
Tel: +61 1300 935 075
Fax: +61 1300 729 000
By email only:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
www.asic.gov.au
Dear Mr Baird
Freedom of Information Request No. FOI 128-2021
Notice of Decision
I refer to your email received by ASIC on 12 July 2021 in which you have sought
information from the Australian Securities and Investments Commission (
ASIC)
under the
Freedom of Information Act 1982 (
FOI Act).
Your request seeks access to the following:
“any and all communications between ASIC and any airlines about
securing them as the preferred provider of travel services to the
regulator for financial year 2021 and financial year 2022.
I also request any log of gifts as accrued to regulatory staff from the
airlines, including upgrades, lounge access and any other hospitality”
As noted in my letter of 20 July 2021, the first part of your request was transferred
to the Department of Finance under s 16(1)(b) of the FOI Act. Section 16(1)(b)
enables an agency to transfer a request, or part of a request, if the subject
matter of the request is more closely connected with the functions of another
agency.
With respect to the second part of your request where you sought “a
log of gifts
as accrued to regulatory staff from the airlines, including upgrades, lounge
access and any other hospitality”, I note that ASIC makes publicly available
details of all gifts, benefits and hospitality accepted by ASIC staff that are
valued at $100 and over. This
register is accessible from ASIC’s website.
This letter contains notice of my decision in respect of the second part of your
request and includes consideration of all gifts, benefits and hospitality provided
to ASIC staff irrespective of value up until the date of your request.
Decision
I am an authorised decision maker for the purposes of section 23(1) of the FOI
Act.
2
I have decided to
refuse your request under section 24A(1)(b)(ii) of the FOI Act
on the basis that the documents you are seeking do not exist.
I have taken the following material into account in making my decision:
• the information within ASIC’s systems that falls within the scope of your
request.
• the FOI Act (specifically section 24A).
• the guidelines issued by the Australian Information Commissioner under
section 93A of the FOI Act (
the FOI Guidelines).
Reasons for decision
Section 24A - Requests may be refused if documents cannot be found, do not
exist or have not been received
Section 24A relevantly provides that:
(1) 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.
I have had a log produced from ASIC systems that extracted details of all gifts,
benefits and hospitality for the period July 2020 to June 2021 irrespective of the
value of the declared benefit.
An examination of the details of the party offering the gift, benefit or hospitality
indicates that there are no airlines represented on this log. My review of this
material specifically sought references to Qantas, Virgin and Jetstar, as the
primary domestic carriers, as well as the use of the generic term ‘airline’.
An examination of the declarations submitted for the period 1 July 2021 to 12
July 2021 on the same terms indicates that there are no declarations relevant
to your request during this period.
On the basis of our examinations of the available logs from the system used to
report gifts, benefits and hospitality within ASIC I am satisfied that there have
been no relevant declarations by ASIC staff for the period since 1 July 2020 and
therefore I have determined that the information you are seeking does not
exist.
Review rights
I provide you with the following information as required by section 26 of the FOI
Act.

3
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
to xxxxxxxxxx@xxxx.xxx.xx.
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
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.
Yours sincerely,
Justin Frank
(Authorised decision maker under section 23(1) of the FOI Act)