Treasury - Australian Taxation Office - IG of Taxation

Dean Miles made this Freedom of Information request to Inspector-General of Taxation

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

Inspector-General of Taxation did not have the information requested.

Dear Inspector-General of Taxation,

Dear Sir/Madam

I request all information regarding

1) The Governor General of the Commonwealth of Australia Gazette that established Jurisdiction and created the Australian Taxation Office.

2) Confirm Income Tax is VOLUNTARY as per section 6 page 23 of the Taxpayers Charter

3) All court transcripts, records, diaries, metadata, images, recorded conversations, information held by the Inspector General of Taxation, Aust Govt Solicitor, Aust Attorney General, Aust Tax in the Supreme Court case Precedent Moeliker v Chapman

4) Define Income by providing evidence of it in Legislation, Acts, Imperial UK, Commonweath of Australia until 1985

5) Court materials, costs awarded for & against the ATO involving Special Council or Queens Council Barrister Mr Logan.

6) Confirm factual evidence Judge in Moeliker v Chapman "Struck from the record" proof beyond a reasonable doubt the Gazette, unable to locate by SC Mr Logan for the ATO in the Brisbane Supreme Court Judge also stating on the record "I can not permit Australia, to fall into financial chaos and thus strike that from record" in Moeliker v Chapman

7) Explanation in English grammar what the statement by the Judge in Moeliker v Chapman "and those who sail in her"

Thank you in advance, have a pleasant day. I look forward to your prompt response.

Yours faithfully,

Dean Miles

FOI, Inspector-General of Taxation

OFFICIAL

Dear Mr Miles

We acknowledge receipt of the FOI request below and are processing it in accordance with requirements of the Freedom of Information Act 1982.

Kind regards,
FOI Team

OFFICIAL

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Dear FOI,

Thank you for advising me your department is processing the FOI request, please have a great week hope you enjoyed the ANZAC Day weekend

Yours sincerely,

Dean Miles

Inspector-General of Taxation

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FOI, Inspector-General of Taxation

OFFICIAL
Our reference number: FOI/21/00003
 
7 May 2021
 
By email only: [1][FOI #7215 email]
 
Dear Mr Miles
 
RE: FOI REQUEST
 
We refer to your Freedom of Information request, sent by email on 12 April
2021. You have requested information in relation to seven different areas.
 
Background on the Inspector-General of Taxation and Taxation Ombudsman
 
The Inspector-General of Taxation and Taxation Ombudsman (IGTO) is an
independent, Commonwealth statutory agency that was established under the
Inspector-General of Taxation Act 2003. We investigate taxation
administration systems and laws, as well as the actions and decisions made
by Tax Officials - of the Australian Taxation Office (ATO) or the Tax
Practitioners Board (TPB). The IGTO seeks to assure and ensure that there
is fair, equitable, and transparent administration of the tax system
consistent with community expectations. We also undertake tax
investigations for the purpose of providing independent advice and
assurance to Government on the taxation administration laws and systems.
The IGTO is not empowered to investigate or advise on tax policy matters.
 
Your request
 
In your email, you have requested ‘all information regarding’:
 
1)      The Governor General of the Commonwealth of Australia Gazette that
established Jurisdiction and created the Australian Taxation Office.
 
2)       Confirm Income Tax is VOLUNTARY as per section 6 page 23 of the
Taxpayers Charter
 
3)      All court transcripts, records, diaries, metadata, images,
recorded conversations,  information held by the Inspector General of
Taxation, Aust Govt Solicitor, Aust Attorney General, Aust Tax in the
Supreme Court case Precedent Moeliker v Chapman
 
4)      Define Income by providing evidence of it in Legislation, Acts,
Imperial UK, Commonweath of Australia until 1985
 
5)      Court materials, costs awarded for & against the ATO involving
Special Council or Queens Council Barrister Mr Logan.
 
6)      Confirm factual evidence Judge in Moeliker v Chapman "Struck from
the record" proof beyond a reasonable doubt the Gazette, unable to locate
by SC Mr Logan for the ATO in the Brisbane Supreme Court Judge also
stating on the record "I can not permit Australia, to fall into financial
chaos and thus strike that from record" in Moeliker v Chapman
 
7)      Explanation in English grammar what the statement by the Judge in
Moeliker v Chapman "and those who sail in her"
 
No documents found
 
We have reviewed our files and records, the majority of which are held on
our case management system, Resolve. Additionally, we have also considered
and perused our intranet, share drive and the hard copy records that we
hold.
 
We advise that we have not identified any documents that fall within scope
of your request or that would provide information to answer the questions
you have posed.
 
However, in relation to request 1, we note that historical Commonwealth
Gazettes may be accessed at
[2]https://www.legislation.gov.au/content/H....
 
If you are dissatisfied with this decision
 
If you wish to discuss this decision, or raise any other matters in
relation to this decision, please do not hesitate to contract us at
[3][email address]. You may also seek an independent review of the decision
by the Australian Information Commissioner. Details on how to seek such a
review is available on the Information Commissioner’s website at
[4]https://www.oaic.gov.au/freedom-of-infor....
 
Kind Regards,
FOI Team
 

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Dear Inspector-General of Taxation,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Inspector-General of Taxation's handling of my FOI request 'Treasury - Australian Taxation Office - IG of Taxation'.

[ GIVE DETAILS ABOUT YOUR COMPLAINT HERE ]
Any, all evidence from Moeliker v Chapman

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/t...

Yours faithfully,

Dean Miles

FOI, Inspector-General of Taxation

OFFICIAL

Dear Mr Miles

We confirm receipt of your request for internal review of an FOI decision (FOI/21/00003).

We are currently allocating the matter and will provide a further response once we have considered the request.

Kind regards,
FOI Team

OFFICIAL

show quoted sections

FOI, Inspector-General of Taxation

1 Attachment

   

   

   

   

   

Telephone:               1300 44 88 29 GPO Box 551

Facsimile:                02 8088 7815 Sydney NSW 2001

 

Our reference number: IR/21/00009

9 June 2021

 

By email only to: [1][FOI #7215 email]

Dear Mr Miles,

Re: Freedom of Information Internal Review Decision

We refer to your request dated 11 May 2021 for internal review of the
Inspector-General of Taxation and Taxation Ombudsman’s (IGTO) decision
under the Freedom of Information Act 1982 (FOI Act).

Background

On 12 April 2021, you lodged an FOI request by email requesting all
information regarding:

1) The Governor General of the Commonwealth of Australia Gazette that
established Jurisdiction and created the Australian Taxation Office.

 

2) Confirm Income Tax is VOLUNTARY as per section 6 page 23 of the
Taxpayers Charter

 

3) All court transcripts, records, diaries, metadata, images, recorded
conversations,  information held by the Inspector General of Taxation,
Aust Govt Solicitor, Aust Attorney General, Aust Tax in the Supreme Court
case Precedent Moeliker v Chapman

 

4) Define Income by providing evidence of it in Legislation, Acts,
Imperial UK, Commonweath of Australia until 1985

 

5) Court materials, costs awarded for & against the ATO involving Special
Council or Queens Council Barrister Mr Logan.

 

6) Confirm factual evidence Judge in Moeliker v Chapman "Struck from the
record" proof beyond a reasonable doubt the Gazette, unable to locate by
SC Mr Logan for the ATO in the Brisbane Supreme Court Judge also stating
on the record "I can not permit Australia, to fall into financial chaos
and thus strike that from record" in Moeliker v Chapman

 

7) Explanation in English grammar what the statement by the Judge in
Moeliker v Chapman "and those who sail in her"

 

On 7 May 2021, you were provided with the FOI decision which stated:

We have reviewed our files and records, the majority of which are held on
our case management system, Resolve. Additionally, we have also considered
and perused our intranet, share drive and the hard copy records that we
hold.

 

We advise that we have not identified any documents that fall within scope
of your request or that would provide information to answer the questions
you have posed.

 

On 11 May 2021, the IGTO received a request from you seeking an internal
review of the FOI decision.

Decision and reasons for decision

We have decided to affirm the original decision. For reasons set out
below, we are satisfied that all reasonable steps have been taken to
locate any documents that fall within scope of your request and that no
such documents were identified.

It is noted that a decision was not made to refuse access to information
as described in your request under section 53A of the FOI Act. Rather, the
IGTO was unable to identify or locate any documents relevant to your
request despite searches undertaken. It is also noted that the Moeliker v
Chapman case that is referenced in your original request and request for
internal review pre-dates the creation of the IGTO office in 2003.

Notwithstanding the above, following receipt of your internal review
request, we conducted a further search for documents on our systems,
including keyword and file searches of our Intranet and case management
system, that might relate to your request. None of these searches was able
to locate any documents relevant to your request.

Your rights of review

If you are dissatisfied with this decision, you may apply to the Office of
the Australian Information Commissioner (OAIC) for a review of the
decision. More information about applying for an Information Commissioner
review is available on the OAIC website at: [2]Information Commissioner
review — OAIC.

If you have any questions or would like to discuss this decision further,
please do not hesitate to contact us at [3][email address].

 

Yours sincerely,

FOI Team

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References

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