Search Warrant executed against ABC

Andrew Smith made this Freedom of Information request to Australian Federal Police

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was partially successful.

Dear Australian Federal Police,

Under the Freedom of Information Act 1982, I request a copy of the search warrant executed by the AFP against the Australian Broadcasting Corporation (ABC) on June 5th 2019 (hereinafter referred to as the document).

I consider all material in the warrant to be in scope and object to any exclusions of data from the document (except Direct telephone numbers, signatures and mobile telephone numbers of AFP members). I also object to the exclusion of any names or material that may be described in the warrant as portions of it are already publicly available at https://twitter.com/TheLyonsDen/status/1... and https://twitter.com/TheLyonsDen/status/1...

Yours faithfully,

Andrew Smith

FOI, Australian Federal Police

Thank you for your email.

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FOI, Australian Federal Police

UNCLASSIFIED

Dear Mr Smith

YOUR FREEDOM OF INFORMATION REQUEST

I refer to your application dated 23 June 2019, in which you seek access to documents under the Freedom of Information Act 1982 (the Act) as per your email below.

Timeframe

Your request was received by this agency on 23 June 2019, and the 30 day statutory period for processing your request commenced from that date. The due date for your request is 23 July 2019.

Information considered irrelevant to the scope of your request

The AFP, in its management of FOI requests, excludes the following information on the basis that is irrelevant to the scope of a request:

- Names of AFP members, other than the Senior Executive.
- Direct telephone numbers, signatures and mobile telephone numbers of AFP members.
- Duplicate documents, including duplicate emails. The AFP will only provide emails where they form a final email chain and the authors/recipients are contained within the final email.
- Information that is publicly available, for example, newspaper articles, online publications including information available on the AFP Information Publication Scheme and the AFP disclosure log.

If you object to the AFP excluding any of the above information, please advise this office within seven days of receipt of this email/letter.

Charges

You will be notified of any charges in accordance with the Freedom of Information (Fees and Charges) Regulations, should they apply, in relation to your request as soon as practicable.

Information Publication Scheme

Please be advised that effective 1 May 2011 and in accordance with section 8(2) of the Act, an agency is required to publish information on the AFP website following the notification of a decision in respect of a freedom of information request. Details of the decision will be published in a Disclosure Log which can be found at https://www.afp.gov.au/about-us/informat....

The requirement to publish information released under FOI reinforces the objectives of the FOI Act to promote a pro-disclosure culture across government and to increase recognition that information held by government is a national resource. Exceptions to the requirement to publish information would apply to personal information and information concerning the business affairs of a person if it was considered ‘unreasonable’ to do so.

If, however, after noting the above, you wish to raise any concerns about the publication of information concerning your request prior to the notification of a decision, please advise this office in writing before 23 July 2019.

Yours sincerely

JACQUELINE ELLERY
PRINCIPAL FOI OFFICER/TEAM LEADER, FREEDOM OF INFORMATION CHIEF COUNSEL AUSTRALIAN FEDERAL POLICE

www.afp.gov.au

-----Original Message-----
From: Andrew Smith [mailto:[FOI #5484 email]]
Sent: Sunday, 23 June 2019 7:00 PM
To: FOI
Subject: Freedom of Information request - Search Warrant executed against ABC

Dear Australian Federal Police,

Under the Freedom of Information Act 1982, I request a copy of the search warrant executed by the AFP against the Australian Broadcasting Corporation (ABC) on June 5th 2019 (hereinafter referred to as the document).

I consider all material in the warrant to be in scope and object to any exclusions of data from the document (except Direct telephone numbers, signatures and mobile telephone numbers of AFP members). I also object to the exclusion of any names or material that may be described in the warrant as portions of it are already publicly available at https://twitter.com/TheLyonsDen/status/1... and https://twitter.com/TheLyonsDen/status/1...

Yours faithfully,

Andrew Smith

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UNCLASSIFIED
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WARNING

This email message and any attached files may contain information
that is confidential and subject of legal privilege intended only for
use by the individual or entity to whom they are addressed. If you
are not the intended recipient or the person responsible for
delivering the message to the intended recipient be advised that you
have received this message in error and that any use, copying,
circulation, forwarding, printing or publication of this message or
attached files is strictly forbidden, as is the disclosure of the
information contained therein. If you have received this message in
error, please notify the sender immediately and delete it from your
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AFP Web site: http://www.afp.gov.au
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Dear AFP FOI Team,

I would like to object to any decisions to remove names of AFP members other than the Senior Executive that have already appeared in the tweets referenced in my original email as that information is already public. I would also like to object from the removal of pages of the warrant that are already public for continuity reasons as a whole copy of the warrant is easier to read than just the portions that have not already been released.

I also consider all parts of the warrant to be relevant (in my opinion) that are not "Direct telephone numbers, signatures and mobile telephone numbers of AFP members".

Yours sincerely,

Andrew Smith

FOI, Australian Federal Police

Thank you for your email.

Please note that this is an automated response to confirm that your email was sent to the Australian Federal Police Freedom of Information (FOI) inbox.

This FOI inbox is monitored between 8am and 4pm Monday to Friday, excluding public holidays and the period from 27-31 December.

If you wish to lodge a request for access to documents under the Freedom of Information Act 1982 (FOI Act), please ensure that your request is in writing, states that it is an application for the purposes of the FOI Act and provides sufficient detail describing the documents you wish to access.

If you are requesting personal information about yourself then please ensure you enclose a copy of your photographic identification.

Further details on how to make a valid FOI request can be found on the Australian Federal Police’s website at: http://www.afp.gov.au/about-the-afp/foi-...

The Australian Federal Police will acknowledge your request in accordance with the legislative requirements of the Act.

The FOI Team can be contacted on 02 6131 6131

**********************************************************************
WARNING

This email message and any attached files may contain information
that is confidential and subject of legal privilege intended only for
use by the individual or entity to whom they are addressed. If you
are not the intended recipient or the person responsible for
delivering the message to the intended recipient be advised that you
have received this message in error and that any use, copying,
circulation, forwarding, printing or publication of this message or
attached files is strictly forbidden, as is the disclosure of the
information contained therein. If you have received this message in
error, please notify the sender immediately and delete it from your
inbox.

AFP Web site: http://www.afp.gov.au
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Ellery, Jacqueline, Australian Federal Police

2 Attachments

UNCLASSIFIED

Dear Mr Smith

 

Please find attached a decision in relation to your FOI request.

 

Regards

 

JACQUELINE ELLERY
PRINCIPAL FOI OFFICER/TEAM LEADER, FREEDOM OF INFORMATION
CHIEF COUNSEL

[1]www.afp.gov.au
[2]Australian Federal Police

 

 

 

UNCLASSIFIED

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WARNING

This email message and any attached files may contain information
that is confidential and subject of legal privilege intended only for
use by the individual or entity to whom they are addressed. If you
are not the intended recipient or the person responsible for
delivering the message to the intended recipient be advised that you
have received this message in error and that any use, copying,
circulation, forwarding, printing or publication of this message or
attached files is strictly forbidden, as is the disclosure of the
information contained therein. If you have received this message in
error, please notify the sender immediately and delete it from your
inbox.

AFP Web site: http://www.afp.gov.au
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