Fund Registration - Duty Stamped Deeds
Phillip Sweeney made this Freedom of Information request to Australian Prudential Regulation Authority
This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.
Dear Australian Prudential Regulation Authority,
This FOI Request relates to the Registration of a superannuation fund once known as the Elders IXL Superannuation fund, but was known as the Foster's Group Superannuation Fund in 2006. This fund was established in South Australia and the "proper law" of the fund is that of South Australia.
In previous FOI Requests APRA released letters dated 16 March and 29 March 2006 from Nicholas D J Brookes to APRA where a number of Deeds executed before 1 July 2006 were provided to APRA pursuant to s29L of the SIS Act.
However only one of these Deeds dated 26 August 1986 was duty stamped.
The provisions of the Stamp Duty Act 1923 (SA) prohibit the use of any unstamped Deeds in any official registration process.
These documents I seek are as follows:
(i) a copy of any covering letter where APRA has returned Deeds executed before 1 July 2006 associated with this fund that were not duty stamped to the purported trustee, CCSL,
(ii) a copy of any correspondence between APRA and Mr Brookes or CCSL where the subject of duty stamping of Deeds is mentioned.
(iii) a copy of the document informing CCSL that APRA had registered this fund with Registration number R 1004830.
Yours faithfully,
Phillip Sweeney
Dear Mr Sweeney,
Please see attached, APRA’s Acknowledgment Letter dated 22 December 2015.
Kind regards,
APRA FOI Officer
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Dear Mr Sweeney
Please see the attached letter.
Kind regards
FOI Officer
-----Original Message-----
From: Phillip Sweeney [mailto:[FOI #1442 email]]
Sent: Saturday, 19 December 2015 1:51 AM
To: Freedom of Information
Subject: Freedom of Information request - Fund Registration - Duty Stamped Deeds
Dear Australian Prudential Regulation Authority,
This FOI Request relates to the Registration of a superannuation fund once known as the Elders IXL Superannuation fund, but was known as the Foster's Group Superannuation Fund in 2006. This fund was established in South Australia and the "proper law" of the fund is that of South Australia.
In previous FOI Requests APRA released letters dated 16 March and 29 March 2006 from Nicholas D J Brookes to APRA where a number of Deeds executed before 1 July 2006 were provided to APRA pursuant to s29L of the SIS Act.
However only one of these Deeds dated 26 August 1986 was duty stamped.
The provisions of the Stamp Duty Act 1923 (SA) prohibit the use of any unstamped Deeds in any official registration process.
These documents I seek are as follows:
(i) a copy of any covering letter where APRA has returned Deeds executed before 1 July 2006 associated with this fund that were not duty stamped to the purported trustee, CCSL,
(ii) a copy of any correspondence between APRA and Mr Brookes or CCSL where the subject of duty stamping of Deeds is mentioned.
(iii) a copy of the document informing CCSL that APRA had registered this fund with Registration number R 1004830.
Yours faithfully,
Phillip Sweeney
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IMPORTANT NOTICE:
This e-mail is intended solely for the person or organisation to whom it is addressed, and may contain secret, confidential or legally privileged information.
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Dear Freedom of Information,
I am requesting an Internal Review of the proposed charges. I believe this charge is excessive.
I am requesting these documents in preparation for a Royal Commission into the banks and this request should be treated as a matter of public interest and the fee waived on that basis
Yours sincerely,
Phillip Sweeney
Dear Mr Sweeney
Could you please confirm that you are seeking an internal review of APRA's
decision to issue charges dated 7 January 2016? Please see original
decision attached.
I note that under section 29(2) of the FOI Act an FOI request is taken to
have been withdrawn if the applicant does not respond to a notice to issue
charges within 30 days.
Kind regards
APRA FOI Officer
[1]http://www.apra.gov.au/PublishingImages/...
-----Original Message-----
From: Phillip Sweeney
[mailto:[FOI #1442 email]]
Sent: Friday, 29 July 2016 1:44 PM
To: Freedom of Information <[email address]>
Subject: Internal review of Freedom of Information request - Fund
Registration - Duty Stamped Deeds
Dear Freedom of Information,
I am requesting an Internal Review of the proposed charges. I
believe this charge is excessive.
I am requesting these documents in preparation for a Royal
Commission into the banks and this request should be treated as a
matter of public interest and the fee waived on that basis
Yours sincerely,
Phillip Sweeney
-----Original Message-----
Dear Mr Sweeney
Please see the attached letter.
Kind regards
FOI Officer
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Please use this email address for all replies to this request:
[2][FOI #1442 email]
This request has been made by an individual using Right to Know.
This message and any reply that you make will be published on the
internet. More information on how Right to Know works can be found
at:
[3]https://www.righttoknow.org.au/help/offi...
If you find this service useful as an FOI officer, please ask your
web manager to link to us from your organisation's FOI page.
-------------------------------------------------------------------
--------------------------------------------------------------------------
IMPORTANT NOTICE:
This e-mail is intended solely for the person or organisation to whom it
is addressed, and may contain secret, confidential or legally privileged
information.
If you have received this e-mail in error or are aware that you are not
authorised to have it, you MUST NOT use or copy it, or disclose its
contents to any person. If you do any of these things, you may be sued or
prosecuted.
If you have received this e-mail in error, please contact the sender
immediately.
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References
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2. mailto:[FOI #1442 email]
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Dear Freedom of Information,
I shall resubmit a revised FOI request seeing the time limit has expired.
Therefore there is no need to proceed with the Internal Review.
Yours sincerely,
Phillip Sweeney