Evidence for Royal Commission into the banks - NAB

Phillip Sweeney made this Freedom of Information request to Australian Securities and Investments Commission

The request was successful.

From: Phillip Sweeney

Delivered

Dear Australian Securities and Investments Commission,

A fundamental legal right that any beneficiary of a trust has is the right to inspect and copy the Trust Deed that established the trust as well as any instrument that purports to amend the terms of the original Trust Deed.

This fundamental right finds statutory force in subsection 1017C(5) of the Corporations Act 2001 and related Regulations in relation to superannuation trusts.

Contravention of this provision is an indictable offence with a maximum penalty of a fine and two years imprisonment.

A subsidiary company of the National Australia Bank. FPS Nominees Pty Ltd, is denying members and beneficiaries of an occupational pension scheme established on the 23 December 1913 in the State of South Australia access to the Deeds of this pension scheme. This pension scheme was at one time known as the Elders IXL Superannuation Fund and more recently as the AusBev Superannuation Fund.

Professor Allan Fels has stated that a law enforcement agency must have a commitment to enforce the law without “fear of favour”.

The document I seek is a copy of a directive from ASIC Officer Greg Hackett (or any other ASIC Officer) to PFS Nominees Pty Ltd instructing this corporate trustee to comply with subsection 1017C(5) of the Corporations Act 2001 and related Regulations and allow persons with a beneficial interest in this pension scheme to inspect and copy the Deeds of this fund (or for copies to be provided to them).

The Elder Smith & Co Limited Provident Funds Act 1963 (SA) confirms that persons who have a beneficial interest in this fund include former male staff employees of the sponsoring employer and subsidiary companies and their “wives, widows and dependants”.

Therefore the widows of qualifying male officers will have a legal right to inspect and copy these deeds to determine if they qualify for a death benefit under the Regulations of the Fund.

This FOI request and response may be tendered as evidence to a Royal Commission into the banks.

Yours faithfully,

Phillip Sweeney

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From: Phillip Sweeney

Delivered

Dear Australian Securities and Investments Commission,

I refer to this request for evidence for a Royal Commission into the banking system.

Given the composition of the next Senate a Royal Commission is now a real likelihood.

http://www.abc.net.au/news/2016-07-06/el...

Can you please expedite a response to this FIO Request as it is now long overdue.

This will be important evidence to lodge with a Royal Commissioner along with copies of Deeds criminally concealed from widows and other beneficiaries of the superannuation fund in question.

These Deeds have also been concealed from ASIC as well as APRA.

However copies of these Deeds were obtained with the assistance of the Deputy Premier and Attorney-General of South Australia, the Hon John Rau MP and his Department.

Yours faithfully,

Phillip Sweeney

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From: Phillip Sweeney

Delivered

Dear Australian Securities and Investments Commission,

A response to this FOI request is long overdue. Can you please expedite a reply in accordance with the provisions of the Freedom on Information Act 1982

Yours faithfully,

Phillip Sweeney

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From: FOIrequest
Australian Securities and Investments Commission

Dear Mr Sweeney,

ASIC has no record of having previously received your request dated 9 May
2016.  Accordingly  ASIC will treat your request as having been received
as at the date of your below email enquiry being 2 October 2016.  

Whilst the FOI Act requires that an applicant be furnished with a decision
within 30 days of receipt of a request , ASIC will endeavour to notify you
of a decision as soon as possible.

Yours faithfully

Mirijana Soldatic | FOI Coordinator| Chief Legal Office | Australian
Securities and Investments Commission |' +61 3 9280 3205 | 7 +61 3 9280
3444 | * [1][email address]

From:        Phillip Sweeney
<[FOI #1927 email]>
To:        FOI requests at ASIC <[ASIC request email]>,
Date:        02/10/2016 12:22 AM
Subject:        Re: Freedom of Information request - Evidence for Royal
Commission into the banks - NAB

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Dear Australian Securities and Investments Commission,

A response to this FOI request is long overdue. Can you please expedite a
reply in accordance with the provisions of the Freedom on Information Act
1982

Yours faithfully,

Phillip Sweeney

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Please use this email address for all replies to this request:
[FOI #1927 email]

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If you find this service useful as an FOI officer, please ask your web
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From: Phillip Sweeney

Delivered

Dear FOI Officer

A Response to this FOI request is now overdue from 2 October 2016.

Can you please expedite.

Yours sincerely,

Phillip Sweeney

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From: FOIrequest
Australian Securities and Investments Commission


Attachment 0309 001.pdf
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Dear Mr Sweeney,

ASIC's response to your FOI request  is attached below.  It was sent on 6
October 2016 however it appears that it  was sent to the wrong email
address.  We apologise for this error.

Yours sincerely

Mirijana Soldatic | FOI Coordinator| Chief Legal Office | Australian
Securities and Investments Commission |' +61 3 9280 3205 | 7 +61 3 9280
3444 | * [1][email address]

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