The instrument that authorizes the Minister to appoint a person to act in the office of Commissioner of Taxation and Deputy Commissioner of Taxation

The request was refused by Attorney-General's Department.

Dear Attorney-General's Department,

The Attorney-General's Department on 30th January 2019 made a decision within Freedom of Information request FOI119/007 that the head of power to create the corporations known as the Commissioner and Deputy Commissioner for taxation does not exist. Therefore, under the Freedom of Information Act 1982, the following documents are requested:
1. the instrument, traceable back to The Commonwealth of Australia Constitution Act 1901 (UK), that authorizes the Minister to appoint a person to act in the office of Commissioner of Taxation; and2. the instrument, traceable back to The Commonwealth of Australia Constitution Act 1901 (UK), that authorizes the Minister to appoint a person to act in the office of Deputy Commissioner of Taxation.

Yours faithfully,

Elle Jay

FOI Requests, Attorney-General's Department

OFFICIAL

 

Dear Ms Jay

 

I refer to your request under the Freedom of Information Act 1982 (FOI
Act) for access to:

 

‘1. the instrument, traceable back to The Commonwealth of Australia
Constitution Act 1901 (UK), that authorizes the Minister to appoint a
person to act in the office of Commissioner of Taxation; and

2. the instrument, traceable back to The Commonwealth of Australia
Constitution Act 1901 (UK), that authorizes the Minister to appoint a
person to act in the office of Deputy Commissioner of Taxation.’

 

If you disagree with this interpretation of your request, please let me
know in writing as soon as possible.

 

The department received your request on 10 December 2020 and the 30 day
statutory period for processing your request commenced from the day after
that date. You should therefore expect a decision from us by 11 January
2021. However, the period of 30 days may be extended if the department
needs to consult third parties or for other reasons. We will advise you if
this happens.

 

Where the documents within the scope of an FOI request include the
personal information of junior officers of the department or other
government authorities, the department’s practice is to not disclose that
information (e.g., names, contact details). The names of senior officers
will generally be disclosed. In addition, duplicates and incomplete email
chains within the scope of the FOI request will be excluded.

 

Please note that, with some exceptions (such as personal information),
documents released under the FOI Act may later be published online on the
department’s disclosure log
http://www.ag.gov.au/RightsAndProtection....

 

If you have any questions, please contact me by telephone on (02) 6141
6666 or by email [AGD request email].

 

Yours sincerely

 

Euphrasia

FOI Case Officer

OFFICIAL

When you make a request for documents or an inquiry about privacy matters,
the Attorney-Generals Department will only collect your personal
information where it is reasonably necessary for, or directly related to,
our functions under the Freedom of Information Act 1982 or the Privacy Act
1988. We may collect your name, email address and telephone number so that
we can contact you about your request under the Freedom of Information Act
for access to documents or access to, or correction of, personal
information; or a complaint you have made or your request for access to,
or correction of, personal information under the Privacy Act. If your
request concerns your personal information, we will collect the minimum
amount of evidence necessary to verify your identity. The handling of your
personal information is protected by the Privacy Act 1988 and our privacy
policy is available at http://www.ag.gov.au/Pages/Privacystatem....
If you have an enquiry or complaint about your privacy, please contact the
Privacy Contact Officer on 02 6141 2660 or via e-mail [email address].
If you have received this transmission in error please notify us
immediately by return e-mail and delete all copies. If this e-mail or any
attachments have been sent to you in error, that error does not constitute
waiver of any confidentiality, privilege or copyright in respect of
information in the e-mail or attachments.

FOI Requests, Attorney-General's Department

1 Attachment

Dear Ms Jay

 

Freedom of Information Request FOI20/226

 

I refer to your request under the Freedom of Information Act 1982 (FOI
Act) for access to documents.

 

The purpose of this email is to provide you with a decision in response to
that request. 

 

Please find attached decision letter and review rights.

 

If you have any questions, please contact me by telephone on (02) 6141
6666 or by email to [1][AGD request email].

 

Yours sincerely

Euphrasia

FOI Case Officer

 

When you make a request for documents or an inquiry about privacy matters,
the Attorney-Generals Department will only collect your personal
information where it is reasonably necessary for, or directly related to,
our functions under the Freedom of Information Act 1982 or the Privacy Act
1988. We may collect your name, email address and telephone number so that
we can contact you about your request under the Freedom of Information Act
for access to documents or access to, or correction of, personal
information; or a complaint you have made or your request for access to,
or correction of, personal information under the Privacy Act. If your
request concerns your personal information, we will collect the minimum
amount of evidence necessary to verify your identity. The handling of your
personal information is protected by the Privacy Act 1988 and our privacy
policy is available at http://www.ag.gov.au/Pages/Privacystatem....
If you have an enquiry or complaint about your privacy, please contact the
Privacy Contact Officer on 02 6141 2660 or via e-mail [email address].
If you have received this transmission in error please notify us
immediately by return e-mail and delete all copies. If this e-mail or any
attachments have been sent to you in error, that error does not constitute
waiver of any confidentiality, privilege or copyright in respect of
information in the e-mail or attachments.

References

Visible links
1. mailto:[AGD request email]