Fund Registration - Duty Stamped Deeds

Phillip Sweeney made this Freedom of Information request to Australian Prudential Regulation Authority

The request was successful.

From: Phillip Sweeney

Delivered

Dear Australian Prudential Regulation Authority,

This FOI Request relates to the Registration of a superannuation fund once known as the Elders IXL Superannuation fund, but was known as the Foster's Group Superannuation Fund in 2006. This fund was established in South Australia and the "proper law" of the fund is that of South Australia.

In previous FOI Requests APRA released letters dated 16 March and 29 March 2006 from Nicholas D J Brookes to APRA where a number of Deeds executed before 1 July 2006 were provided to APRA pursuant to s29L of the SIS Act.

However only one of these Deeds dated 26 August 1986 was duty stamped.

The provisions of the Stamp Duty Act 1923 (SA) prohibit the use of any unstamped Deeds in any official registration process.

These documents I seek are as follows:

(i) a copy of any covering letter where APRA has returned Deeds executed before 1 July 2006 associated with this fund that were not duty stamped to the purported trustee, CCSL,
(ii) a copy of any correspondence between APRA and Mr Brookes or CCSL where the subject of duty stamping of Deeds is mentioned.
(iii) a copy of the document informing CCSL that APRA had registered this fund with Registration number R 1004830.

Yours faithfully,

Phillip Sweeney

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From: Freedom of Information
Australian Prudential Regulation Authority


Attachment FOI 32 Acknowledgment Letter.pdf
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Attachment Picture Device Independent Bitmap 1.jpg
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Dear Mr Sweeney,
 
Please see attached, APRA’s Acknowledgment Letter dated 22 December 2015.
 
Kind regards,
 
APRA FOI Officer
 
 
 
 
 
 

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From: Freedom of Information
Australian Prudential Regulation Authority


Attachment 20160107 L FOI to Sweeney charge.pdf
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Dear Mr Sweeney

Please see the attached letter.

Kind regards

FOI Officer

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From: Phillip Sweeney

Delivered

Dear Freedom of Information,

I am requesting an Internal Review of the proposed charges. I believe this charge is excessive.

I am requesting these documents in preparation for a Royal Commission into the banks and this request should be treated as a matter of public interest and the fee waived on that basis

Yours sincerely,

Phillip Sweeney

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From: Freedom of Information
Australian Prudential Regulation Authority


Attachment 20160107 L FOI to Sweeney charge.pdf
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Dear Mr Sweeney

 

Could you please confirm that you are seeking an internal review of APRA's
decision to issue charges dated 7 January 2016? Please see original
decision attached.

 

I note that under section 29(2) of the FOI Act an FOI request is taken to
have been withdrawn if the applicant does not respond to a notice to issue
charges within 30 days.

 

Kind regards

 

 

APRA FOI Officer

 

[1]http://www.apra.gov.au/PublishingImages/...

 

 

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From: Phillip Sweeney

Delivered

Dear Freedom of Information,

I shall resubmit a revised FOI request seeing the time limit has expired.

Therefore there is no need to proceed with the Internal Review.

Yours sincerely,

Phillip Sweeney

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