Reference: PIAT-6130 – Cryptocurrency Monero
25 September 2024
Journo
Righttoknow
Sent by email to:
xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx Dear Journo
Freedom of Information Request Decision
The Australian Transaction Reports and Analysis Centre (AUSTRAC) refers to the Freedom of
Information request (FOI request) received from you on 30 August 2024 seeking access to:
*AUSTRAC's policies or guidelines regarding the investigation, monitoring and
regulation of Monero.
*Any reports or assessments prepared by AUSTRAC that discuss Monero."
I examined the scope of your request and have decided to refuse access to the documents
requested pursuant to s 25 of the FOI Act.
Section 25 has the effect of protecting Commonwealth agencies from being required to give
information as to the existence or non-existence of a document in particular circumstances.
I note the scope of your request requires AUSTRAC to provide confirmation to the existence
or non-existence of documents from an investigative standpoint as they relate to the
identified entity Monero.
AUSTRAC has identified this circumstance as warranting s 25 FOI protection to preserve the
integrity of our ongoing operations, which involve investigating particular entities to support
proper administration of the
Anti-Money Laundering and Counter-Terrorism Financing Act
2006.
Correspondence: PO Box K534, Haymarket NSW 1240
P: 02 9950 0055
F: 02 9950 0054
www.austrac.gov.au
Referring to paragraph 3.105 of th
e OAIC Guidelines, I note that s 25(2)(a) only requires an
assessment of whether a document ‘of the kind’ requested is, or would be an exempt
document under ss 33, 37(1) or 45A(1). Importantly, AUSTRAC is not required to search for,
or conduct an inquiry into the nature of the document being sought.
I am therefore refusing access to the documents requested s 25(1)(a) of the FOI Act.
You have the right to seek review if you are not satisfied with this decision. An application
for internal review of this decision must be made in writing within 30 days of receipt of this
letter by email t
o xxxxxxxxxxx@xxxxxxx.xxx.xx. You may also seek review of this decision
by the Information Commissioner by contacting the Office of the Australian Information
Commissioner (OAIC). Information on how to apply for Information Commissioner review is
available on th
e OAIC website.
Yours sincerely
Jessica Johnson
Authorised Decision Maker
AUSTRAC
Correspondence: PO Box K534, Haymarket NSW 1240
P: 02 9950 0055
F: 02 9950 0054
www.austrac.gov.au