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InvestbyBit Pty Ltd t/a Binance Australia 2

Frank Lee made this Freedom of Information request to Australian Transaction Reports and Analysis Centre

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

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Dear Australian Transaction Reports and Analysis Centre,

Attention: Ashley Smith

I wish to make an additional Freedom of Information Act request into documents held by AUSTRAC relevant to this company so as to obtain documents dated after the date range of the original FOI request. The scope of the original request was as follows:

- written notices to this company regarding the potential of money laundering/terrorist financing or compliance with AML/CTF law
- infringement notices for breaches of the AML/CTF Act
- ML/TF financing risk assessments provided to AUSTRAC
- audit reports provided to AUSTRAC
- enforcement actions taken against this company
- registration actions taken against this company

I am making this request so as to receive documents dated up to the date of this submission.

The company announced that it was making changes to its policies on highly leveraged financial products including futures, options, etc. It made this announcement on 21 September and said this was to better comply with regulatory requirements. As such, I would like to extend the scope of the request to include:

- any correspondence regarding the products this company offers
- any correspondence regarding the legality of this company's operations

Thank you for the work you have done to date.

Yours faithfully,

Frank Lee

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If you would like to talk to us about your email, please phone 02 6120
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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 documents identified within the below email.

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 18 October 2021 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-3933.

Regards

Ashley Smith | Manager, Privacy and Information Access Team
Privacy and Information Access Team

Legal and Enforcement Branch
E: [email address]
@AUSTRAC W: www.austrac.gov.au

OFFICIAL

-----Original Message-----
From: Frank Lee <[FOI #7979 email]>
Sent: Monday, 18 October 2021 1:44 PM
To: INFO_ACCESS <[email address]>
Subject: Freedom of Information request - InvestbyBit Pty Ltd t/a Binance Australia 2 [EXTERNAL]

Dear Australian Transaction Reports and Analysis Centre,

Attention: Ashley Smith

I am making this request so as to receive documents dated up to the date of this submission.

- any correspondence regarding the products this company offers
- any correspondence regarding the legality of this company's operations

Thank you for the work you have done to date.

Yours faithfully,

Frank Lee

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Please note that your email address is known to AUSTRAC for the
purposes of communicating with you. The information transmitted in
this e-mail is for the use of the intended recipient only and may
contain confidential and/or legally privileged material. If you have
received this information in error you must not disseminate, copy or
take any action on it and we request that you delete all copies of
this transmission together with attachments and notify the sender.

This footnote also confirms that this email message has been swept for
the presence of computer viruses.
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OFFICIAL

Dear Mr Lee

I refer to your request under the Freedom of Information Act 1982 (FOI
Act) received on 18 October 2021.

As the documents identified to be within scope of your request contain
information concerning InvestbyBit Pty Ltd / Binance Australia (Binance
Australia) that AUSTRAC considers Binance Australia may object the release
of, pursuant to section 27 of the FOI Act Binance Australia is being
provided with an opportunity to make a submission in relation to whether
any of the documents should be exempt from disclosure, before AUSTRAC
makes its decision on whether or not to release the documents to you.

Please note that as a consequence of the consultation currently being
undertaken with Binance Australia, the processing of your FOI request has
been extended by 30 days under subsection 15(6) of the FOI Act.
Therefore, a decision on your request will now be made and notified to you
by 17 December 2021.

Should you have any questions in relation to this email please do not
hesitate to contact us at [1][email address]

Regards,

Ashley Smith | Manager, Privacy and
Information Access Team

Privacy and Information Access Team

Legal and Enforcement Branch [5]cid:image004.png@01D74CC3.C6D41340

E: [2][email address]

[3]cid:image002.png@01D27019.ABF020E0@AUSTRAC
W: [4]www.austrac.gov.au