Dear Henare

I refer to your email dated 28 December 2013, addressed to the Department
of Immigration and Border Protection (DIBP), in which you have sought
access to documents and emails concerning the Minister for Immigration and
Border Protection's press conferences on the topic of asylum seeker boat
arrivals since 7 September 2013 to 1 January 2014, under the Freedom of
Information Act 1982 (FOI Act).

The subject matter of the documents requested by you is more closely
connected with the functions of the Australian Customs and Border
Protection Service (ACBPS) than the functions of DIBP.  As such, your
request was transferred to ACBPS on 16 January 2014 under section 16 of
the FOI Act so that ACBPS can make a decision on your request for access
to any documents that may fall within the scope of your request. 

Your application was received by DIBP on 1 January 2014, and the 30 day
statutory period for processing your request will commence from that
date. 

Due to the holiday period, and the availability of key personnel in
relation to this particular request, the ACBPS notes that it will require
additional time to complete the processing of your request.

Section 15AA of the FOI Act permits an agency to agree with an applicant
for an extension of no more than 30 days to the statutory timeframe
permitted under the FOI Act for the decision making process.

ACBPS therefore seeks your agreement to the timeframe in this matter to be
extended by 30 days to complete the search for documents to ensure that
all documents that fall within the scope of your request are retrieved and
enable ACBPS to finalise a decision on access in relation to any such
documents. 

Whilst we are seeking the extension of 30 days, ACBPS will endeavour to
make a decision in relation to access to the documents requested as
quickly as possible.  This extension would result in the decision on
release of documents in this matter being due by 2 March 2014.

Could you please respond by return email confirming your agreement to this
extension of time?  ACBPS will then register the Extension of Time
agreement with the Office of the Australian Information Commissioner as
required by section 15AA(b) of the FOI Act.

Should you have any queries regarding the progress of your request, please
contact the FOI team at [1][email address]. 

FOI Coordinator

Operations & Information Law Section

Legal Services Branch

Australian Customs and Border Protection Service

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Thank you for your email. This is an automated response to advise you that your email has been received by the Australian Customs and Border Protection Service's FOI Coordinator.

If you wish to lodge a request for access to documents under the Freedom of Information Act 1982 (FOI Act), please ensure that your request is in writing, states that it is an application for the purposes of the FOI Act and provides sufficient detail describing the documents you wish to access.

Further details on how to make a valid FOI request can be found on the agency’s website at: http://www.customs.gov.au/foi/requesting....

The FOI Coordinator will acknowledge your request within 14 days.

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Good morning Mr Degan

Request for access to documents – Freedom of Information Act 1982

Please find attached correspondence from the Australian Customs and Border
Protection Service for your information.

With kind regards

Operations and Information Law Section

Legal Services Branch | Integrity, Security and Assurance Division

Australian Customs and Border Protection Service

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Dear Henare,

Freedom of Information Request

I refer to your email dated 28 December 2013 in which you requested access
to documents under the Freedom of Information Act 1982 (the FOI Act)
relating to documents and emails concerning the Minister for Immigration
and Border Protection's press conferences on the topic of asylum seeker
boat arrivals since 7 September 2013 to 1 January 2014.

On 23 January 2014, the Australian Customs and Border Protection Service
(ACBPS) notified you of its intention to refuse your request on the basis
that the work involved in processing your request in its current form
would substantially and unreasonably divert the resources of ACBPS from
its other operations due to its broad nature, size and complexity. 

In particular, ACBPS notified you that, within 14 days of receipt of that
letter, you must advise ACBPS that:

·        you wish to make a revised request; or

·        indicate that you do not wish to revise your request; or

·        withdraw your request.

The 14 day period has now expired.  As such, in accordance with section
24AB(7) of the FOI Act, ACBPS considers that your request has been
withdrawn.

If you have any enquiries concerning this matter, please do not hesitate
to contact an FOI officer at [1][email address] or on 02 6275 5621.

With kind regards
FOI COORDINATOR
Operations and Information Law Section
Legal Services Branch | Integrity, Security and Assurance Division
Australian Customs and Border Protection Service

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This email may contain legal advice that is subject to legal professional
privilege. Care should be taken to avoid unintended waiver of that
privilege.  Customs and Border Protection Legal Services Branch should be
consulted prior to any decision to disclose the existence or content of
any advice contained in this email to a third party

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