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This is an HTML version of an attachment to the Freedom of Information request 'All supporting documents mentioned in refusal of FOI 22/54'.


FOI 22-85 - Document 07
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Released by the Department of Finance  
under the Freedom of Information Act 1982
FOI 22-85 - Document 07
required to consult the person or business before releasing the documents, if it is reasonably
practicable to do so.
Document
We have not attached a copy of the ‘Master List’ as we understand that you have access to this
document. The version of the ‘Master List’ is the version that was in existence as at 18:16
Monday 25 July 2022.
Opportunity to make a submission
Finance would like to provide an opportunity for you to make any comments regarding any
objection you may have to the release of the Master List under either of the following
exemptions in the FOI Act (paraphrased):
Section 47(1) – disclosure of the documents would disclose
a.  trade secrets or
b.  any other information having a commercial value that would be, or could
reasonably be expected to be, destroyed or diminished if the information were
disclosed.
Section 47G(1) – disclosure of the documents would disclose information concerning a
person in respect of his or her business or professional affairs or concerning the business,
commercial or financial affairs of an organisation or undertaking, in a case in which the
disclosure of the information
a.  would, or could reasonably be expected to, unreasonably affect that person
adversely in respect of his or her lawful business or professional affairs or that
organisation or undertaking in respect of its lawful business, commercial or
financial affairs, or
b.  could reasonably be expected to prejudice the future supply of information to the
Commonwealth, Norfolk Island or an agency for the purpose of the administration
of a law of the Commonwealth or of a Territory or the administration of matters
administered by an agency.
If section 47(1) applies, documents are fully exempt from release. However, if section 47G(1)
applies access must be given to documents unless this would be contrary to the public interest. If
you consider that the documents fall within the scope of section 47G(1) you must also indicate
whether you believe that disclosure would be contrary to the public interest.
If it is your view that one or more of the documents falls within the scope of the exemptions
outlined above, would you please consider whether deletion of any specific information from the
documents (under section 22) would address your objections.
More information about these exemptions is available in the Guidelines issued by the Australian
Information Commissioner under section 93A of the Freedom of Information Act 1982, Parts 5
and 6 (Exemptions and Conditional exemptions), available at www.oaic.gov.au/freedom-of-
information/applying-the-foi-act/foi-guidelines/.
Additional consideration – breach of contract
We note that Finance is considering the application of section 45 of the FOI Act, that is, to refuse
to release, given the disclosure of the Master List may give rise to an action for breach of
confidence. Our preliminary view is supported by the existing confidentiality of the Master List,
as access has only been granted to a limited number of authorised people in the course of
business as Registry, Registrar or an affected party. We have also had regard to existing
contractual arrangements which require notification of any potential, suspected or actual
unauthorised access, use, copying or disclosure; and limit actions which may adversely affect or
compromise integrity or stability of the Internet domain name system.
We seek your views as to whether you support this position?
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Released by the Department of Finance  
under the Freedom of Information Act 1982
FOI 22-85 - Document 07
We note that while your comments will be taken into account, the final decision about whether
to release the documents rests with the decision maker in our agency. If the decision maker
decides to grant access to any documents whose release you opposed, you will be given written
notice of the decision and the opportunity to seek review of the decision before those
documents are released.
Disclosure log
You should be aware that if we decide to grant access to the requested documents we are
generally obliged to publish that information our disclosure log. However we will not publish
information (such as personal or business information) where this would be unreasonable. If you
have any queries about this requirement, please contact the FOI team on the details below.
How to make your submission
Please provide any submissions you wish to make, in writing, by COB Friday 2 September 2022.
If a response is not received by this date, the decision maker in our agency will assume you do
not object to the release of the documents.
Notice
Please note that as a part of the decision making process Finance are required to send the
applicant a decision letter setting out the reasons for our decision. In that decision letter we
usually will refer to any submissions made by third parties. This is generally in the form of a
holistic reference to your position (e.g. you support the material being exempt or you do not
support the material being exempt).
Additional assistance
We note that it is not uncommon for third parties to be unfamiliar with the operations of the FOI
Act. We encourage you to contact Finance’s FOI Team on the below details, if you have any
questions regarding this process.
Kind regards
s 22
 | FOI Officer
Legal and Assurance Branch
Department of Finance
T: s 22
E: s 22
@finance.gov.au
A: One Canberra Avenue, Forrest ACT 2603SEC=OFFICIAL
Be careful with this message
External email. Do not click links or open attachments unless you recognise the sender and know the
content is safe.
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DocuSign Envelope ID: 8FF97CF3-6D41-4CA8-9EBF-81DEBD912E04
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