Dear B P

I refer to your request for access to documents under the Freedom of
Information Act 1982 (FOI Act) made in the following terms:

I would like to know how much was spent in total conducting the
Mid-Western Regional Council by-election held on December 7, 2024.

Can the costs be itemised?

As a Senior Government Lawyer in the Legal and Property Branch, I am an
authorised decision-maker under section 23 of the FOI Act.

Outcome of your request

The Australian Electoral Commission (AEC) does not hold the documents that
you seek. This is because the AEC does not run regional council elections.
This election appears to have been conducted by the NSW Electoral
Commission - [1]2024 Mid-Western Regional council by-election bulletin
No.1 - NSW Electoral Commission.

Because of this, no steps can reasonably be taken to find your requested
documents. Section 24A(1)(b)(ii) of the FOI Act permits the AEC to refuse
a request for non-existent documents.

Insofar as is material, subsection 24A(1) of the FOI Act provides:

24A  Requests may be refused if documents cannot be found, do not exist or
have not been received

Document lost or non‑existent

(1)        An agency or Minister may refuse a request for access to a
document if:

(a)        all reasonable steps have been taken to find the document; and

(b)        the agency or Minister is satisfied that the document:

…

(ii)    does not exist.

Accordingly, I have decided to refuse your FOI Request under section
24A(1)(b)(ii) of the FOI Act.

Next steps

To obtain the documents that you seek, it is open to you to contact the
NSW Electoral Commission - [2]Access to information - NSW Electoral
Commission.

Kind regards,

Stephanie

Australian Electoral Commission

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