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25 October 2024
FOI ref: 3742
Harriet Spring
By email: foi+request‐12080‐xxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Ms Spring
FREEDOM OF INFORMATION REQUEST – DECISION
I refer to your request to the Treasury on 25 September 2024, for access under the
Freedom of
Information Act 1982 (the
FOI Act) to the following:
I request briefing informa on either sought by, or provided to the Government rela ng to
why the Government decided NOT to act on the ACCC’s 2019 recommenda on that Payee
Confirma on be required of the Banks.
The meframe I seek is from 2021 un l now. I would like the informa on requested to
include the following:
•
Any legal advice, reports, or briefings requested, to or from the Public Service or
Government, including any provided by or to the Banks or the ABA to the Government;
•
Any briefs provided regarding discussions between the Government and the Banks
(whether through the ABA or individual Banks) relating to this subject matter;
•
Any briefs to the Government relating to this (including any Ministerial signed
documents).
Exclusions:
1.
Please do not provide documents that are duplicates wholly or in substance (eg emails
to mul ple stakeholders with the same content, reply emails).
2.
Also, please redact any content that would require consulta on with third par es.
I am an authorised decision maker under section 23 of the FOI Act.
Decision
I arranged for officers to search Treasury records for material relevant to your request.
Searches were undertaken of emails, the Treasury’s file management system and the
Langton Crescent
Parkes ACT 2600
Australia
P: +61 2 6263 2800
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Parliamentary Document Management System. No documents were located. Accordingly, I am
satisfied that no such documents exist.
As the Treasury holds no documents within the scope of your request, I am refusing your
request under section 24A(1) of the FOI Act.
Rights of Review
A statement setting out your rights of review in this matter is attached.
Yours sincerely
Sally Etherington
A/g Assistant Secretary
Digital, Competition and Payments Division
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INFORMATION ON RIGHTS OF REVIEW
1.
APPLICATION FOR INTERNAL REVIEW OF DECISION
Section 54 of the Freedom of Information Act gives you the right to apply for an internal
review of the decision refusing to grant access to documents in accordance with your request.
An application for a review of the decision must be made in writing within 30 days of receipt of
this letter.
No particular form is required but it would assist the decision‐maker if you could set out in the
application the grounds on which you consider that the decision should be reviewed.
An application for a review of the decision should be emailed to xxx@xxxxxxxx.xxx.xx.
OR
2.
APPLICATION TO AUSTRALIAN INFORMATION COMMISSIONER (INFORMATION
COMMISSIONER) FOR REVIEW OF DECISION
Section 54L of the FOI Act gives you the right to seek a review of the decision from the
Information Commissioner. An application for review must be made within 60 days of
receiving the decision.
An application for review must be in writing and must:
– give details of how notices must be sent to you; and
– include a copy of the notice of decision.
You should send your application for review to:
The Information Commissioner
Office of the Australian Information Commissioner
GPO Box 5218
SYDNEY NSW 2001
AND/OR
3.
COMPLAINTS TO THE INFORMATION COMMISSIONER
Section 70 of the FOI Act provides that a person may complain to the Information
Commissioner about action taken by an agency in the exercise of powers or the performance
of functions under the FOI Act.
A complaint to the Information Commissioner must be in writing and identify the agency the
complaint is about. It should be directed to the following address:
The Information Commissioner
Office of the Australian Information Commissioner
GPO Box 5218
SYDNEY NSW 2001
The Information Commissioner may decline to investigate the complaint in a number of
circumstances, including that you did not exercise your right to ask the agency, the
Information Commissioner, a court or tribunal to review the decision.
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