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Released by the Department of Finance  
under the Freedom of Information Act 1982
FOI 22-85 - Document 04
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Released by the Department of Finance  
under the Freedom of Information Act 1982
FOI 22-85 - Document 04
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
1.  trade secrets or
2.  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
1.  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
2.  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
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Released by the Department of Finance  
under the Freedom of Information Act 1982
FOI 22-85 - Document 04
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.
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
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Released by the Department of Finance  
under the Freedom of Information Act 1982
FOI 22-85 - Document 04
E: s 22
@finance.gov.au
A: One Canberra Avenue, Forrest ACT 2603
SEC=OFFICIAL
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