Dear Australian Federal Police,

For the address 175-179 City Walk Canberra ACT 2601, please provide:
(1) a copy of any search warrants executed at that address between 1 July 2017 and 30 June 2022
(2) the case summary or equivalent for any investigations commenced after 1 July 2015 where that address is mentioned (if the investigation is ongoing, then the most recent summary document)
(3) a copy of any documents attached to this address in PROMIS (and relevant variations such as ‘175 City Walk’ etc.)

Yours faithfully,

XD1022-2021

FOI, Australian Federal Police

2 Attachments

OFFICIAL

 

Dear XD1022-2021,

               

YOUR FREEDOM OF INFORMATION REQUEST – LEX 1086

 

I refer to your two requests dated 24 October 2022, seeking access to
documents under the Freedom of Information Act 1982 (the Act) as follows:

 

Request One

 

For the address 175-179 City Walk Canberra ACT 2601 (Traditional Chinese
Massage), please provide:

 

(1) a copy of any search warrants executed at that address between 1 July
2017 and 30 June 2022

(2) the case summary or equivalent for any investigations commenced after
1 July 2015 where that address is mentioned (if the investigation is
ongoing, then the most recent summary document)

(3) a copy of any documents attached to this address in PROMIS (and
relevant variations such as ‘175 City Walk’ etc.)

 

Request Two

 

Please provide any documents held in PROMIS attached to the entity
‘Traditional Chinese Massage’ operating in Civic (inclusive of the trading
name, pty ltd company, or what have you)

 

Timeframe

 

As the scope of your requests relate to the same topic, the AFP has
combined your requests under LEX 1086.

 

Your request was received by the AFP on 24 October 2022, and the 30 day
statutory period for processing your request commenced from that date. The
due date for your request is 23 November 2022.

 

Information 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:

 

-      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); and

-      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.

 

Please advise this office that you also consent to exclude the following
information:    

 

-      Names of AFP members, other than the Senior Executive; and

-      Direct telephone numbers, middle names of AFP members, signatures
and mobile telephone numbers of AFP members.

 

Disclosure of your identity

 

The AFP may be required to consult with third parties in accordance with
sections 26A, 27 and 27A of the Act. Please advise us if you consent to
the AFP identifying you as the FOI applicant for the purposes of the
consultation.  If we do not receive your consent, we will not disclose
your identity to third parties.

 

Release of personal information of individuals

 

The personal information of an individual is protected under section 47F
of the Act.  If you have requested documents relating to individuals
(third parties) other than yourself,  we require an Authority to Act
(Authority) signed by the relevant third parties. An Authority states the
individual authorises the AFP to release their personal information to
you. Without an Authority, this office will be required to consult with
the third parties pursuant to section 27A of the Act, concerning the
release of their personal information. If a third party objects to the
release of information, then it is likely you will not receive this
information as part of the final decision.

 

Kind regards

AFP 24826

Writing to you from Ngunnawal Country 
SENIOR TEAM MEMBER
FOI & PRIVACY 

CHIEF COUNSEL PORTFOLIO

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

 

 

 

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References

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1. http://www.afp.gov.au/
2. http://www.afp.gov.au/

FOI, Australian Federal Police

2 Attachments

OFFICIAL

Dear XD1022-2021

 

I refer to your FOI request to the Australian Federal Police (AFP) seeking
the following documents:

 

“For the address 175-179 City Walk Canberra ACT 2601 (Traditional Chinese
Massage), please provide:

 

(1) a copy of any search warrants executed at that address between 1 July
2017 and 30 June 2022

(2) the case summary or equivalent for any investigations commenced after
1 July 2015 where that address is mentioned (if the investigation is
ongoing, then the most recent summary document)

(3) a copy of any documents attached to this address in PROMIS (and
relevant variations such as ‘175 City Walk’ etc.)

(4) any documents held in PROMIS attached to the entity ‘Traditional
Chinese Massage’ operating in Civic (inclusive of the trading name, pty
ltd company, or what have you).”

 

If you are the owner of the business, the AFP would need evidence
confirming you are the owner of the business before documents (if held)
may be released to you.

 

If there is no relationship between you and the relevant business, any
documents the AFP may hold, would likely concern a person’s business
affairs or personal information. If the AFP were proposing to release any
of that information, it would first need to consult with those people for
their views on releasing the information. Where a person opposes release
of their business or personal information, that is often a basis for the
documents being exempt. In addition, if the information in the documents
were subject to previous or current police investigations, those documents
may also be exempt.

 

Based on the above information, could you please advise if you would like
to withdraw your request, or if you would like the AFP to continue
processing your request, noting if the AFP held documents, the AFP may
apply significant exemptions to some, and perhaps all of the material
captured by your request.

 

It would be greatly appreciated if you could please advise how you would
like to proceed by COB Thursday, 3 November 2022.

 

Kind regards

AFP 24826

Writing to you from Ngunnawal Country 
SENIOR TEAM MEMBER
FOI & PRIVACY 

CHIEF COUNSEL PORTFOLIO

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

 

 

 

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References

Visible links
1. http://www.afp.gov.au/
2. http://www.afp.gov.au/

Dear FOI,

Apologies for the delayed reply

I agree to appointee names and phone numbers etc. being withheld

The owner of TCM (Tianci International Pty Ltd) at the relevant time no longer exists and/or is uncontactable.

That being the case, they cannot oppose release of documents.

If the AFP still part declines disclosure on this basis, please set out in your reasons (1) how under the Act a dead company is entitled to oppose release and (2) the method by which the company was contacted (if it was contacted) and (3) if that method aligns to the company’s contact details listed with ASIC.

If AFP declines to include this in their reasons I understand I can FOI correspondence related to this FOI to try and find out, which I think we agree would be tedious.

I note this reason does not apply to all requested documents and other documents in scope may and should be released.

Yours sincerely,

XD1022-2021

Dear FOI,

Could I please have a status update

Yours sincerely,

XD1022-2021

FOI, Australian Federal Police

OFFICIAL
Dear XD 1022-2021

I refer to your below email.

Your request is currently being finalised and a decision should be provided to you by COB Friday, 16 December 2022.

Kind regards

AFP 24826
Writing to you from Ngunnawal Country
SENIOR TEAM MEMBER
FOI & PRIVACY
CHIEF COUNSEL PORTFOLIO
www.afp.gov.au

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Dear FOI,

I note your intended response date of 16 December 2022 has unfortunately passed.

AFP is out of time. Nonetheless, in preference to an internal review, I will grant an extension to COB Friday 13 January 2023.

Yours sincerely,

XD1022-2021

FOI, Australian Federal Police

OFFICIAL
Dear XD 1022-2021

I refer to your below email.

Unfortunately a decision will be not be able to be provided to you by COB today. The delay is regrettable, however, due to a significant increase in the volume of applications at this time and staff absences during the holiday period, the AFP will be unable to finalise this matter by today.

As your request is deemed, you are unable to seek an internal review. You are able to submit a request with the Office of the Australian Information Commissioner for an IC review. The details of how to do this can be located here: https://forms.business.gov.au/smartforms...

I apologise for the delay, however your request continues to be processed as a matter of priority.

Kind regards

AFP 24826
Writing to you from Ngunnawal Country
SENIOR TEAM MEMBER
FOI & PRIVACY
CHIEF COUNSEL PORTFOLIO
www.afp.gov.au

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FOI, Australian Federal Police

1 Attachment

OFFICIAL
Dear XD 1022-2021

Please find attached correspondence in regards to your FOI request, LEX 1086.

Kind regards

AFP 24826
Writing to you from Ngunnawal Country
SENIOR TEAM MEMBER
FOI & PRIVACY
CHIEF COUNSEL PORTFOLIO
www.afp.gov.au

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