OFFICIAL
FOI Request: LEX 11610

Dear Applicant,

Thank you for your email dated 26 September 2024 to the Department of Foreign Affairs and Trade (the department). seeking access to documents under the Freedom of Information Act 1982.

Scope of request:
You have sought access to:

I don't know if any of these are in your office's or other offices' possession, but since this is a legislative instrument, can I ask if it is possible to provide the following for the International Organisations (Privileges and Immunities—Asian Infrastructure Investment Bank) Regulation 2015 (Select Legislative Instrument No. 172, 2015)?
I am looking for
- a copy of the Regulation as made with signature of the Governor-General/Administrator and relevant ministers.
- documents that were submitted to the Governor-General/Administrator for the Governor-General's/Administrator's signature of the Regulation (e.g. notes, certificates etc.).

Transfer of request:
The purpose of this email is to advise you that your request has been transferred to Department of the Prime Minister and Cabinet (PM&C).

Under section 16(1) of the FOI Act, where the subject-matter of the document is more closely connected with the functions of another agency than with those of the agency to which the request was made, the agency to which the request is made, may with the agreement of the other agency, transfer the request to the other agency. The department has therefore transferred your request to PM&C as the subject matter of the request is more closely connected with PM&C.

Accordingly, on 2 October 2024, the department transferred your request to PM&C.

We received your request on 26 September 2024 and the 30 day statutory period for processing your request commenced from the day after that date. The transfer of your request does not affect the due date for completion of your request. You should therefore expect a decision from PM&C by 28 October 2024. However, the statutory period of 30 days may be extended if PM&C needs to consult third parties or for other reasons. PM&C will advise you if this happens.

Should you require any further information, please do not hesitate to contact us by return e-mail at [DFAT request email]

Kind regards,

DFAT FOI Team
_______________________________
Freedom of Information Section
Public Interest Law Branch | Regulatory and Legal Policy Division
Department of Foreign Affairs and Trade
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© Brooke Rigney-Lively (2024)

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OFFICIAL

Reference: 2024/318 

Dear Tyler

Thank you for your email of 26 September 2024 in which you made a request
under the Freedom of Information Act 1982 (the FOI Act) to the Department
of Foreign Affairs and Trade (DFAT).  DFAT have confirmed that you have
been advised of this transfer to the Department of the Prime Minister and
Cabinet.

You set out the terms of the request as follows:

I don't know if any of these are in your office's or other offices'
possession, but since this is a legislative instrument, can I ask if it is
possible to provide the following for the International Organisations
(Privileges and Immunities—Asian Infrastructure Investment Bank)
Regulation 2015 (Select Legislative Instrument No. 172, 2015)?

I am looking for

- a copy of the Regulation as made with signature of the
Governor-General/Administrator and relevant ministers.
- documents that were submitted to the Governor-General/Administrator for
the Governor-General's/Administrator's signature of the Regulation (e.g.
notes, certificates etc.).

Timeframe for receiving your decision

The 30 day statutory period for processing your request commenced from the
day after the Department received your request, you should therefore
expect a decision from us by 28 October 2024.  The processing period of 30
days may be extended in certain circumstances and we will write to you
separately regarding any extension of time. 

Charges

Agencies may decide that an applicant is liable to pay a charge in respect
of a request for access to documents. If the Department decides that you
are liable to pay a charge, we will send you a preliminary assessment of
the charge as soon as possible. 

Publication of documents

Please note that information released under the FOI Act may later be
published online on our disclosure log at
[1]https://www.pmc.gov.au/government/depart...,
subject to certain exceptions. 

If you think you might wish to raise any objections to the publication of
your requested document, which may be released to you, please contact us
by email at [2][email address].  If you do wish to object to the
publication of information, you would need to set out your reasons.

Exclusion of officers’ names and contact details

For documents that fall within scope of the request, it is the
Department’s policy to withhold:

o any person’s signature;
o the names and contact details of Australian Public Service officers
not in the Senior Executive Service (SES);
o the mobile or direct numbers of SES officers;
o the names and contact details of Ministerial staff at a level below
Chief of Staff.

If you consider the information categorised above is relevant to the terms
of your request please let us know at [3][email address], otherwise we will
take it that you agree this category of information may be reasonably
regarded as irrelevant and we will delete this information if it appears
in the documents that are otherwise responsive to your request. 

The names and other details of SES officers will not be withheld unless
there is some reason for that information to be exempt from release.
  Further information on FOI processing can be found at the website of the
Office of the Australian Information Commissioner at
[4]https://www.oaic.gov.au/freedom-of-infor...

Yours sincerely

Coordinator | FOI Section

Department of the Prime Minister and Cabinet

p. (02) 6271 5849

e. [5][email address]  w. [6]pmc.gov.au 

______________________________________________________________________ 
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you 
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you 
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References

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OFFICIAL

FOI Reference: 2024/318

Dear Tyler

We refer to your request, made under the Freedom of Information Act 1982
(the FOI Act) on 26 September 2024. The request is seeking access to:

…can I ask if it is possible to provide the following for the
International Organisations (Privileges and Immunities—Asian
Infrastructure Investment Bank) Regulation 2015 (Select Legislative
Instrument No. 172, 2015)?

I am looking for
- a copy of the Regulation as made with signature of the
Governor-General/Administrator and relevant ministers.
- documents that were submitted to the Governor-General/Administrator for
the Governor-General's/Administrator's signature of the Regulation (e.g.
notes, certificates etc.).

The current due date for a decision on your FOI request is 28 October
2024. Unfortunately, we are unable to make this timeframe. The Department
would like to work with applicants in managing the timeframes of its
requests, and the FOI Act has built-in provisions that facilitate
extensions in consultation with applicants, this enables agencies to
manage their FOI requests and keep them within time. Given this, we seek
your agreement to an extension of 14 days under section 15AA of the FOI
Act, this would extend the due date to 11 November 2024.

We would be grateful for your response indicating whether you agree to
this extension by 26 October 2024.

Yours sincerely

Janelle
Coordinator | FOI Section
Department of the Prime Minister and Cabinet
p. (02) 6271 5849
e. [1][email address]  w. [2]pmc.gov.au 

[3]Image removed by sender.

______________________________________________________________________ 
IMPORTANT: This message, and any attachments to it, contains information 
that is confidential and may also be the subject of legal professional or 
other privilege. If you are not the intended recipient of this message,
you 
must not review, copy, disseminate or disclose its contents to any other 
party or take action in reliance of any material contained within it. If
you 
have received this message in error, please notify the sender immediately
by 
return email informing them of the mistake and delete all copies of the 
message from your computer system. 
______________________________________________________________________

References

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2. https://pmc.gov.au/