Amended statement of claim in AUSTRAC's 2017 proceeding against CommBank
Dear Australian Transaction Reports and Analysis Centre,
This request is made under the Freedom of Information Act for the following document/material:
* The Amended Statement of Claim served on the Commonwealth Bank of Australia ("CommBank") on Thursday, 14 December 2017 on behalf of the CEO of AUSTRAC, in a Federal Court of Australia case with file number NSD1305/2017.
Scope of this request:
* I request the entire document, including all annexures, except as provided below.
* Please exclude any annexure marked "Confidential", "Confidential Annexure" or similar. References to the annexures by their "label"/"identifier" only (e.g. "... detailed in Confidential Annexure A to the Statement of Claim", where "Confidential Annexure A" is the "label/identifier") should not be excluded where possible.
* Please exclude any material sealed by order of the court, or similar overriding obligation.
Particulars in relation to the request:
* AUSTRAC initiated civil penalty proceedings in relation to CommBank on August 3, 2017, which was announced to the public via media release on AUSTRAC's website.
* The Federal Court of Australia file number for the proceedings is NSD1305/2017.
* CommBank released an announcement to the Australian Securities Exchange on Thursday, 14 December 2017 confirming it had been served with the Amended Statement of Claim in these proceedings.
* AUSTRAC has publicly made available Statements of Claim for subsequent enforcement proceedings on its website at https://www.austrac.gov.au/lists-enforce....
Yours faithfully,
Andrew Smith
This is an automated response to your email which has been received by the
Privacy and Information Access team at AUSTRAC. A team member will be in
contact with you shortly.
OFFICIAL
Good morning,
Thank you for submitting a request for access to information you believe
to be held by AUSTRAC. In accordance with section 15(5)(a) of the Freedom
of Information Act 1982 (FOI Act), I formally acknowledge receipt of your
freedom of information request for access to:
‘* The Amended Statement of Claim served on the Commonwealth Bank
of Australia ("CommBank") on Thursday, 14 December 2017 on behalf of the
CEO of AUSTRAC, in a Federal Court of Australia case with file number
NSD1305/2017.
Scope of this request:
* I request the entire document, including all annexures, except as
provided below.
* Please exclude any annexure marked "Confidential", "Confidential
Annexure" or similar. References to the annexures by their
"label"/"identifier" only (e.g. "... detailed in Confidential Annexure A
to the Statement of Claim", where "Confidential Annexure A" is the
"label/identifier") should not be excluded where possible.
* Please exclude any material sealed by order of the court, or similar
overriding obligation.
Particulars in relation to the request:
* AUSTRAC initiated civil penalty proceedings in relation to CommBank on
August 3, 2017, which was announced to the public via media release on
AUSTRAC's website.
* The Federal Court of Australia file number for the proceedings is
NSD1305/2017.
* CommBank released an announcement to the Australian Securities Exchange
on Thursday, 14 December 2017 confirming it had been served with the
Amended Statement of Claim in these proceedings.
* AUSTRAC has publicly made available Statements of Claim for subsequent
enforcement proceedings on its website at
[1]https://www.austrac.gov.au/lists-enforce...
Under section 15(5)(b) of the FOI Act the statutory time frame for
processing a request is 30 days, within which a decision on access to the
requested documents is to be notified. We received your request on 16
April 2024 and the 30 day statutory period for processing your request
commenced from the day after that date.
Charges
AUSTRAC may impose a charge for the work involved in providing access to
the documents in accordance with the Freedom of Information (Charges)
Regulations. If your request for access to documents attracts a charge,
you will be notified in writing. Note: There is no charge for documents
that contain the personal information of the applicant.
Exclusion of non-SES staff details, and SES staff contact details
AUSTRAC’s policy is to exclude the details (name, position title,
telephone and/or mobile number, and email address) of officers not in the
Senior Executive Service (SES), as well as the contact details (telephone
and/or mobile number and email address) of SES staff, contained in
documents that fall within scope of an FOI request. If you require names,
position titles and contact details of non-SES officers, or the contact
details of SES staff, please inform us so that the decision maker may
consider your request. Otherwise, we will take it that you agree to the
information being excluded from the scope of your request.
If you have any questions in relation to your request, or require further
information, please contact the Privacy and Information Access team at
[email address] and quote reference PIAT-5607.
Kind regards
Stephanie Hawkins | Team Leader
Privacy and Information Access Team / Legal and Enforcement
E: [email address]
[2]cid:image002.png@01D27019.ABF020E0@AUSTRAC W:
www.austrac.gov.au
OFFICIAL
Good Morning,
Please note a correction to the email below. The correct reference for
this request is PIAT-5706, not PIAT-5607.
Kind regards
Stephanie Hawkins | Team Leader
Privacy and Information Access Team / Legal and Policy
E: [email address]
[1]cid:image002.png@01D27019.ABF020E0@AUSTRAC W:
www.austrac.gov.au
OFFICIAL
From: INFO_ACCESS <[email address]>
Sent: Wednesday, 17 April 2024 12:02 PM
To: Andrew Smith <[FOI #11333 email]>;
INFO_ACCESS <[email address]>
Subject: FOI Acknowledgement - PIAT-5607 - Amended statement of claim in
AUSTRAC's 2017 proceeding against CommBank [EXTERNAL] [SEC=OFFICIAL]
OFFICIAL
Good morning,
Thank you for submitting a request for access to information you believe
to be held by AUSTRAC. In accordance with section 15(5)(a) of the Freedom
of Information Act 1982 (FOI Act), I formally acknowledge receipt of your
freedom of information request for access to:
‘* The Amended Statement of Claim served on the Commonwealth Bank
of Australia ("CommBank") on Thursday, 14 December 2017 on behalf of the
CEO of AUSTRAC, in a Federal Court of Australia case with file number
NSD1305/2017.
Scope of this request:
* I request the entire document, including all annexures, except as
provided below.
* Please exclude any annexure marked "Confidential", "Confidential
Annexure" or similar. References to the annexures by their
"label"/"identifier" only (e.g. "... detailed in Confidential Annexure A
to the Statement of Claim", where "Confidential Annexure A" is the
"label/identifier") should not be excluded where possible.
* Please exclude any material sealed by order of the court, or similar
overriding obligation.
Particulars in relation to the request:
* AUSTRAC initiated civil penalty proceedings in relation to CommBank on
August 3, 2017, which was announced to the public via media release on
AUSTRAC's website.
* The Federal Court of Australia file number for the proceedings is
NSD1305/2017.
* CommBank released an announcement to the Australian Securities Exchange
on Thursday, 14 December 2017 confirming it had been served with the
Amended Statement of Claim in these proceedings.
* AUSTRAC has publicly made available Statements of Claim for subsequent
enforcement proceedings on its website at
[2]https://www.austrac.gov.au/lists-enforce...
Under section 15(5)(b) of the FOI Act the statutory time frame for
processing a request is 30 days, within which a decision on access to the
requested documents is to be notified. We received your request on 16
April 2024 and the 30 day statutory period for processing your request
commenced from the day after that date.
Charges
AUSTRAC may impose a charge for the work involved in providing access to
the documents in accordance with the Freedom of Information (Charges)
Regulations. If your request for access to documents attracts a charge,
you will be notified in writing. Note: There is no charge for documents
that contain the personal information of the applicant.
Exclusion of non-SES staff details, and SES staff contact details
AUSTRAC’s policy is to exclude the details (name, position title,
telephone and/or mobile number, and email address) of officers not in the
Senior Executive Service (SES), as well as the contact details (telephone
and/or mobile number and email address) of SES staff, contained in
documents that fall within scope of an FOI request. If you require names,
position titles and contact details of non-SES officers, or the contact
details of SES staff, please inform us so that the decision maker may
consider your request. Otherwise, we will take it that you agree to the
information being excluded from the scope of your request.
If you have any questions in relation to your request, or require further
information, please contact the Privacy and Information Access team at
[3][email address] and quote reference PIAT-5706.
Kind regards
Stephanie Hawkins | Team Leader
Privacy and Information Access Team / Legal and Enforcement
E: [4][email address]
[5]cid:image002.png@01D27019.ABF020E0@AUSTRAC W:
[6]www.austrac.gov.au
OFFICIAL
Good afternoon Mr Smith,
I refer to your Freedom of Information (FOI) request below seeking access to:
"the Amended Statement of Claim served on the Commonwealth Bank of Australia ("CommBank") on Thursday, 14 December 2017 on behalf of the CEO of AUSTRAC, in a Federal Court of Australia case with file number NSD1305/2017."
AUSTRAC has identified an opportunity to provide access to this document outside the FOI Act. AUSTRAC has published the document requested on our website which is accessible via the following link:
https://www.austrac.gov.au/sites/default...
I'm glad AUSTRAC could provide you administrative access to the document outside the bounds of the FOI Act. As the document requested is now publically accessible (in full), AUSTRAC have finalised your FOI request.
Regards,
Ashley Smith | Manager, Privacy and Information Access Team
Privacy and Information Access Team
Legal and Enforcement Branch
@AUSTRAC W: www.austrac.gov.au
OFFICIAL