The Freedom of Information Act 1982 (FOI Act) gives every person the right to obtain access to documents held by AUSTRAC, subject to specific exemptions which are set out in the FOI Act. The FOI Act also creates a right to amend/correct misleading or out of date information; however it does not create a right to have documents created.
To request documents under the FOI Act and for it to be a valid request, it must:
- be in writing
- be accompanied by the application fee
- provide such information concerning the documents as is reasonably necessary to enable AUSTRAC to identify the documents; this is sometimes referred to as 'the scope of the request'
- specify an address in Australia for the service of notices.
Persons who wish to make a request should contact the Freedom of Information Officer on (02) 6120 2631, in the first instance.
AUSTRAC prefers applicants to use the 'Freedom of Information request for documentation' form that can be accessed via the attached quicklink. The information sought in this form is to assist the Freedom of Information Officer to identify and locate the nominated documents. Please provide as much information as possible about the documents you are seeking.
All requests for documents with payment enclosed should be sent to:
Freedom of Information Officer
PO Box 5085
Kingston ACT 2064
Ph: 02 6120 2631
Fax: 02 6120 2601
Email: INFO_ACCESS@austrac.gov.au
Fees
An application fee of $30.00 applies to all requests made under the FOI Act and $40.00 for internal reviews. Additional processing charges may be imposed under the Freedom of Information (Fees and Charges) regulations.
These fees and charges may be waived or reduced for any reason including financial hardship or public interest. If you make an application for waiver or reduction then it is in your interest to provide adequate supporting evidence to substantiate you claims.
NOTE: An FOI application does not become a valid request until either the payment is received or the Authorised Decision Maker has decided to waive or reduce the fee. If a reduced fee is decided, that fee must be paid before the request is a valid request.
Cheques and money orders should be made payable to the Collector of Public Monies. As AUSTRAC is not a credit card merchant, credit card payments are not accepted.
Important information
The statutory processing time of 30 days commences once the application is deemed to be valid. If consultation with a third party is required, the time limit is extended to 60 days.
If the information you seek relates to a person other than yourself, AUSTRAC will need to consult with that person. If the information relates to business affairs of a third person, AUSTRAC will need to consult with the relevant business.
You may seek written permission from the third party/ies for the information to be released to you. However, AUSTRAC will be required to consult with that person/s.
Other requests for information
The Freedom of Information Officer can also assist with subpoenas and notices to produce.
All disclosure of AUSTRAC information, other than under the FOI Act, is to be determined in accordance with the provisions of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (AML/CTF Act). Part 11 of the AML/CTF Act sets out the secrecy and access provisions applying to what is termed 'AUSTRAC information'.
If you need further information regarding these provisions, please do not hesitate to contact the Freedom of Information Officer (details above).
