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Released by the Department of Finance  
under the Freedom of Information Act 1982
FOI 22-85 - Document 08
From:
FOI Requests
To:
xxxxxxxx@xxxxxxx.xxx.xx
Cc:
FOI Requests
Subject:
RE: FOI 22/54 - Third Party Consultation - Business Information (overdue) [SEC=OFFICIAL]
Date:
Tuesday, 6 September 2022 3:13:09 PM
SEC=OFFICIAL
Dear Patrick
We are following up on our email below as to whether Afilias will be making a submission
regarding the release of documents (the complete list of all 2LD licenced domain names, in this
case, gov.au, also referred to as “Master List”) under the FOI Act.
Please note that if we do not receive a response we will be required to proceed on the basis that
Afilias has no objections to release.
Please contact me on the below details if you would like to discuss this consultation in further
detail
Thank you
s 22
 | FOI Officer
Legal and Assurance Branch
Business Enabling Services
Department of Finance
T: s 22
 | M: s 22
E: s 22
@finance.gov.au
A: One Canberra Avenue, Forrest ACT 2603
SEC=OFFICIAL
From: FOI Requests <xxxx@xxxxxxx.xxx.xx> 
Sent: Monday, 22 August 2022 11:16 AM
To: xxxxxxxx@xxxxxxx.xxx.xx
Cc: FOI Requests <xxxx@xxxxxxx.xxx.xx>; s 22
@finance.gov.au>;
s 22
@finance.gov.au>; Vickers, Marc
<xxxx.xxxxxxx@xxxxxxx.xxx.xx>; s 22
@finance.gov.au>; s 22
@finance.gov.au>
Subject: FOI 22/54 - Third Party Consultation - Business Information [SEC=OFFICIAL]
SEC=OFFICIAL
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Released by the Department of Finance  
under the Freedom of Information Act 1982
FOI 22-85 - Document 08
Dear Patrick
 
Freedom of Information request and opportunity to make a submission – FOI 22/54
 
The Department of Finance (Finance) has received a request for the following under the
Freedom of Information Act 1982 (FOI Act).
 
You operate the site https://www.domainname.gov.au/about which is the gov.au domain name registration
portal.
 
This portal in turn supplies registration data to the .au registry operator (Afilias Australia Pty Ltd) who maintains
a “master list” of gov.au public domain names.
 
Please supply the current "master list", preferably in machine-readable format.
 
Finance has identified the Registry/Registrant Data of the complete list of all 2LD licenced
domain names, in this case, gov.au, (now referred to as “Master List”), as falling within the scope
of the request that may contain information relating to Afilias.
 
Under the Freedom of Information Act 1982 (FOI Act), where an agency receives a request
covering documents of this kind and the agency believes that the person or organisation
concerned may wish to contend that the documents are exempt from release, the agency is
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
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Released by the Department of Finance  
under the Freedom of Information Act 1982
FOI 22-85 - Document 08
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.
 
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?
 
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.
 
Applicant’s Request to Afilias
We note that the applicant has advised that he contacted Afilias to request the “master list” and
that Afilias “are standing by and happy to supply this information to me on your behalf as I
requested.” The applicant considers that Afilias is waiting on Finance approval to release the
“master list.”
 
The applicant provided the following case number, title and reference number: [.au Support -
Case #01239018] The “master list” of gov.au public domain names,
ref:_00DD0CWb4._5004G2Ri8xw:ref
 
The applicant also supplied the following contact information for Abhinav Vatsavaya: Email:
xxxxxxx@xxxxxxx.xxx.xx, Phone: 03-9945-0650 (Australia)
 
We understand that the applicant may have misunderstood the information provided by Afilias,
and that the ‘Master List’ may never have been offered to the applicant. We seek to confirm
your position in relation to the above assertion from the applicant.
 
Disclosure log
You should be aware that if we decide to grant access to the requested documents we are
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Released by the Department of Finance  
under the Freedom of Information Act 1982
FOI 22-85 - Document 08
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 Monday 5 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 2603
 
SEC=OFFICIAL
 
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