Request for a copy of a Deed of Variation - Widows' Pensions

Julie Simpson made this Freedom of Information request to Australian Securities and Investments Commission

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From: Julie Simpson

Delivered

Dear Australian Securities and Investments Commission,

The document I seek is a copy of a Deed of Variation for a
superannuation fund where the sponsoring employer is Elder Smith &
Co Limited or Elder Smith Goldsbrough Mort Limited (renamed as
Elders IXL Limted, then Foster's Brewing Group Limited and then
Foster's Group Limited).

The Deed of Variation would be executed in accordance with the
Power of Amendment {Regulation 50} that requires a majority of the
natural person Directors of the Sponsoring Employer to execute any
Deed of Variation.

Regulation 50 is referenced by the Elder Smith & Co Limited Provident Funds Act 1963 (SA).

The Deed of Variation would be dated after 20 November 1974.

The Deed of Variation would purport to revoke Regulation 30A which
provides a survivorship pension benefit for the widows of qualifying male officers {or purport to revoke all Regulations}.

This Deed would need to be duty stamped if executed before 1 July 2006.

Please note that a copy of such a purported Deed of Variation is not publicly available from the website superfraud.org or from the website of the Australian Crime Commission.

Yours faithfully,

Julie Simpson

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From: FOIrequest
Australian Securities and Investments Commission

Dear Ms Simpson,

I refer to your request for a document (Deed) under the Freedom of
Information Act 1982  (the FOI Act) set out below.

ASIC proposes to release the Deed to you administratively, that is,
outside of the FOI Act.

From the information you have been able to provide about the Deed we are
of the view that you are associated with (or may even be) a Mr Phillip
Sweeney who has provided documents like this to many government  agencies
and then requested either by himself, his agents or using pseudonyms under
the FOI Act, the very documents which he has provided to those agencies.  

We note that Mr Sweeney has previously been the subject of vexatious
applicant declarations under the FOI Act for, among other things, conduct
like that described above.  We refer to the decisions of the
Administrative Appeals Tribunal in [1]Sweeney and Australian Information
Commissioner & Ors [2014] AATA 531 and [2]Sweeney and Australian
Information Commissioner and Australian Prudential Regulation Authority
(Joined Party) [2014] AATA 539.

One of the consequences of Mr Sweeney's conduct is that the document you
seek in your request is now publicly available from many sources.  

The Deed, and parts thereof also appears on the disclosure logs of many
other agencies including the [3]Administrative Appeals Tribunal.

There is a comprehensive list and copies of all deeds relevant to Mr
Sweeney's areas of concern published on a website that we understand is
closely associated with Mr Sweeney.  Here is a link
[4]http://superfraud.org/?page_id=3187.  You state in your request that
the Deed is not publicly available from this website however our searches
indicate that it is.

Given that the Deed is readily and publicly available we ask that you
withdraw your FOI request, upon which we will provide you with a pdf copy
of the document if you advise that you still genuinely require it.

Otherwise, if you wish to proceed with this request under the FOI Act for
the purposes of having the Deed appear on this agency's disclosure log,
please state that purpose.

Regards,

Mirijana Soldatic
FOI Co-ordinator
Chief Legal Office| ASIC | Melbourne

From:        Julie Simpson <[FOI #1431 email]>
To:        FOI requests at ASIC <[ASIC request email]>,
Date:        12/12/2015 09:48 AM
Subject:        Freedom of Information request - Request for a copy of a
Deed of Variation - Widows' Pensions

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Dear Australian Securities and Investments Commission,

The document I seek is a copy of a Deed of Variation for a
superannuation fund where the sponsoring employer is Elder Smith &
Co Limited or Elder Smith Goldsbrough Mort Limited (renamed as
Elders IXL Limted, then Foster's Brewing Group Limited and then
Foster's Group Limited).

The Deed of Variation would be executed in accordance with the
Power of Amendment {Regulation 50} that requires a majority of the
natural person Directors of the Sponsoring Employer to execute any
Deed of Variation.

Regulation 50 is referenced by the Elder Smith & Co Limited Provident
Funds Act 1963 (SA).

The Deed of Variation would be dated after 20 November 1974.

The Deed of Variation would purport to revoke Regulation 30A which
provides a survivorship  pension benefit for the widows of qualifying male
officers {or purport to revoke all Regulations}.

This Deed would need to be duty stamped if executed before 1 July 2006.

Please note that a copy of such a purported Deed of Variation is not
publicly available from the website superfraud.org or from the website of
the Australian Crime Commission.

Yours faithfully,

Julie Simpson

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From: FOIrequest
Australian Securities and Investments Commission

Dear Ms Simpson,

I refer to the below email concerning your FOI request to ASIC dated 12
December 2015, titled "Freedom of Information request - Request for a copy
of a Deed of Variation- Widows' Pensions" and note that we have not
received a response.

I  write to advise that  if we do not receive a response to the issues
raised by Friday 15 January 2016, your request will be regarded as
withdrawn.

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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