FOI 4621 Documents for release.pdf

FOI 4621
Page 1 of 34
s22
From:
s22
Sent:
Thursday, 4 August 2022 3:35 PM
To:
s47F
@awe.gov.au; s47F
Cc:
ROBERTS, Belinda; s22
Subject:
FW: Climate Active Endorse British American Tobacco. [SEC=OFFICIAL]
s47F
Additional information as requested.
Australia is a signatory to the World Health Organisation (WHO) Framework Convention on Tobacco Control (FCTC).
As a Party to the WHO FCTC, Australia is obliged, under FCTC Article 5.3, to take steps to protect its policy setting
and implementation from interference from the tobacco industry and its interests. Relevant clauses of the FCTC
include:
 Consultation with the tobacco industry should be limited to what is necessary for public officials or agencies
to enact effective tobacco control measures.
 Action should be taken to de-normalise the tobacco industry’s ‘socially responsible’ activities.
 Reject partnerships and non-binding or non-enforceable agreements with the tobacco industry
 Require that information provided by the tobacco industry be transparent and accurate.
 Do not give preferential treatment to the tobacco industry. ACT 1982
Guidance on these obligations is available at:
1) WHO FCTC guidelines for implementation article 5.3 HEALTH AND AGED CARE
The key section of this document relevant to this situation is Recommendation 6 which recommends actions
that should be taken to de-normalise the tobacco industry’s ‘
INFORMATION  socially responsible’ activities. The tobacco
industry conducts activities described as socially responsible to distance its image from the lethal nature of
the product it produces and sells or to interfere with the setting and implementation of public health
policies. Activities that are described as “socially responsible” by the tobacco industry, aiming at the
promotion of tobacco consumption, is a marketing as well as a public relations strategy that falls within the
Convention’s definition of advertising, prom
FREEDOM OF  otion and sponsorship.
THIS DOCUMENT HAS BEEN RELEASED UNDER
2) Guidance for Public Offic
THEials on Interacting with the Tobacco Industry
BY THE DEPARTMENT OF
The Department of Health and Aged care developed this guidance document to assist public officials in
meeting their obligations under Article 5.3. This guidance includes advice on how public officials should
proceed if they are approached about, or become aware of, any tobacco industry ‘corporate social
responsibility’ initiatives.
Promotion of the tobacco industry’s carbon neutral operations could be perceived as a corporate social
responsibility activity and government endorsement could be in contravention of the FCTC.
For additional contextual information pls refer to these sources which highlight tobacco industry tactics, particularly
the “greenwashing” tactic used by the tobacco industry globally.
https://tobaccotactics.org/wiki/cigarette-filters/
https://www.bmj.com/content/367/bmj.l5890
Please reach out if you or your colleagues require further information or assistance on WHO FCTC Article 5.3
1

FOI 4621
Page 2 of 34
Kind regards

s22

s22
| Director | Tobacco Control

Alcohol, Tobacco and Other Drugs Branch | Population Health Division
Primary and Community Care Group
Australian Government, Department of Health and Aged Care
s22

Location: Sirius Building s22

GPO Box 9848, Canberra ACT 2601, Australia
The Department of Health and Aged Care acknowledges the traditional owners of country throughout Australia, and their
continuing connection to land, sea and community. We pay our respects to them and their cultures, and to all Elders both past and
present.

From: s47F
@awe.gov.au>
Sent: Wednesday, 3 August 2022 12:02 PM
To: s22
@Health.gov.au>; s47F
@awe.gov.au>
Cc: ROBERTS, Belinda <xxxxxxx.xxxxxxx@xxxxxx.xxx.xx>; s22
@health.gov.au>;
s22
@Health.gov.au>; s22
@health.gov.au>; s22

@health.gov.au>
Subject: RE: Climate Active Endorse British American Tobacco. [SEC=OFFICIAL]
UNDER  CARE

Hi s22
1982
AGED

Thank you for sending through. Can I check my understanding before we w
ACT  ork out how to respond, is the Climate
AND
Active certification problematic with regards to the FCTC? It’s useful to be
RELEASED   sure before we reach out to the Climate
Active area.

BEEN
Regards
HEALTH

HAS INFORMATION
OF
s47F

Product Stewardship Policy and Reform | Common
OF wealth Sustainable Procurement Advocacy and Resource
Centre
Environment Protection Division DOCUMENT
Department of Climate Change, Energy, the Environment and Water
DEPARTMENT
Ngunnawal Country, GPO BOX 787 Canberra, ACT
FREEDOM  2601
THIS
 s47F
@environment.gov.au
THE
THE

BY
DCCEEW.gov.au ABN 63 573 932 849

Acknowledgement of Country
Our department recognises the First Peoples of this nation and their ongoing connection to culture and country.
We acknowledge First Nations Peoples as the Traditional Owners, Custodians and Lore Keepers of the world's oldest living culture and pay
respects to their Elders past, present and emerging.

From: s22
@Health.gov.au>
Sent: Wednesday, 3 August 2022 11:57 AM
To: s47F
@awe.gov.au>;s47F
@awe.gov.au
Cc: ROBERTS, Belinda <xxxxxxx.xxxxxxx@xxxxxx.xxx.xx>; s22
@health.gov.au>;
s22
@Health.gov.au>; s22
@health.gov.au>; s22

@health.gov.au>
Subject: Climate Active Endorse British American Tobacco. [SEC=OFFICIAL]

s47F

2

FOI 4621
Page 3 of 34
We received the email below through our tobacco advertising complaints inbox. The stakeholder requests that we
refer the matter to your portfolio for action and response.

Let us know if you want to respond directly. Alternatively if you would like us to reply directing them to contact you
directly.

Happy to discuss

Kind regards
s22

s22
| Director | Tobacco Control

Alcohol, Tobacco and Other Drugs Branch | Population Health Division
Primary and Community Care Group
Australian Government, Department of Health and Aged Care
s22

Location: Sirius Building s22

GPO Box 9848, Canberra ACT 2601, Australia
The Department of Health and Aged Care acknowledges the traditional owners of country throughout Australia, and their
continuing connection to land, sea and community. We pay our respects to them and their cultures, and to all Elders both past and
present.

UNDER  CARE
From: Rob Cawthorne s22

Sent: Tuesday, 2 August 2022 10:49 PM
1982
AGED
To: tobaccoadvertising <xxxxxxxxxxxxxxxxxx@xxxxxx.xxx.xx>
Subject: Climate Active Endorse British American Tobacco.
ACT AND

RELEASED
REMINDER: Think before you click! This email originated from outside our organisation. Only click links or open attachments if
you recognise the sender and know the content is safe.  BEEN

HEALTH

HAS
OF

INFORMATION
To whom this may concern,
OF

While examining other issues with carbon neutral claims under the Climate Active program I noticed that the
Climate Active program run by the department
DOCUMENT of industry has endorsed / certified British American Tobacco for
their Climate action.
FREEDOM
DEPARTMENT

THIS  THE
I am not sure if this is a breach of th
THE e ban on tobacco advertising, however I still thought this should be brought to
your attention and in my opinion is ce
BY  rtainly not something that any federal government department should be
endorsing.

The program displays the logo page 4 of the certified members list found at - https://www.climateactive.org.au/buy-
climate-active/certified-brands#4. While BAT do not appear to have promoted the certification outside the
organisation albeit the certification itself it could have the effect of saying smoking is not so bad because it causes
no impact on our climate. Clicking on the link leads to the members page at https://www.climateactive.org.au/buy-
climate-active/certified-members/british-american-tobacco-australia, which is designed to allow provide consumers
with disclosure surrounding the climate action an organisation has taken.

I would encourage the department of health to request of the department of industry and the climate active
program to remove the listing even if they still choose to provide the certification.

Kind regards,

3

FOI 4621
Page 4 of 34
Rob Cawthorne
Managing Director

THE CARBON REDUCTION INSTITUTE
E: s22
| www.noco2.com.au
M: s22
| P: 02 8228 7300 | F: 02 8228 7350
A: Us22

W: s22

Calculate and negate your personal climate change impact at: secure.noco2.com.au
Help Solve Climate Change. Source from the Low Carbon Economy Directory

I acknowledge the Traditional Owners and Custodians of the lands on which I live and work and
pay respects to Elders past, present, and emerging.

    Follow & subscribe here!
Disclaimer: This  email is  subject to  copyright.  No  part of it  should be reproduced,  adapted  or  transmitted
without the written consent of the copyright owner. This email and any files transmitted with it are confidential
and intended solely for the use of the individual or entity to whom they are addressed. If you have received this
email in error, please notify the sender immediately and delete this email. Carbon Reduction Institute accepts
no responsibility for the accuracy, adequacy, compatibility or integrity of the file/s and recommends that the
file/s be checked for viruses prior to download.

UNDER  CARE
"Important: This transmission is intended only for the use of the addressee and may contain confidential or legally
1982
privileged information.  If you are not the intended recipient, you are notified that any
AGED   use or dissemination of this
communication is strictly prohibited. If you receive this transmission in error please notify the author immediately
ACT
and delete all copies of this transmission."
RELEASED AND
BEEN  HEALTH
HAS INFORMATION
OF
OF
DOCUMENT
FREEDOM
DEPARTMENT
THIS
THE  THE
BY
4

FOI 4621
Page 5 of 34
s22
From:
s47F
@industry.gov.au>
Sent:
Tuesday, 9 August 2022 3:07 PM
To:
s22
Cc:
s47F
; s22
Subject:
RE: British American Tobacco - WHO Framework Convention on Tobacco Control
[SEC=OFFICIAL]
Great thanks s22
Will await time for catch up.
s47F

OFFICIAL
From s22
@Health.gov.au]
Sent: Tuesday, 9 August 2022 2:37 PM
To: s47F
@industry.gov.au>
Cc: s47F
@industry.gov.au>; s22
@health.gov.au>; s22

@Health.gov.au>; s22
@health.gov.au>; s22

@health.gov.au>
CARE
Subject: RE: British American Tobacco - WHO Framework Convention on Tobacco C
UNDER  ontrol [SEC=OFFICIAL]

1982
Hi
AGED
s47F

ACT AND
Thanks for reaching out for a discussion on WHO FCTC Article 5.3 matters.
RELEASED

s22

BEEN

HEALTH

HAS INFORMATION
OF
I will get s22’s team to reach out and organise a time to catch up with you but likely to be Thursday or Friday at the
earliest.
OF

s22

DOCUMENT
DEPARTMENT
s22
| Director | Tobacco Control
FREEDOM
THIS   THE
Alcohol, Tobacco and Other Drugs Bran
THE ch | Population Health Division
Primary and Community Care Group BY
Australian Government, Department of Health and Aged Care
s22

Location: Sirius Building s22

GPO Box 9848, Canberra ACT 2601, Australia
The Department of Health and Aged Care acknowledges the traditional owners of country throughout Australia, and their
continuing connection to land, sea and community. We pay our respects to them and their cultures, and to all Elders both past and
present.

From: s47F
@industry.gov.au>
Sent: Tuesday, 9 August 2022 8:48 AM
To: s22
@Health.gov.au>
Cc: s47F
@industry.gov.au>
Subject: FW: British American Tobacco - WHO Framework Convention on Tobacco Control [SEC=OFFICIAL]

HI s22

1

FOI 4621
Page 6 of 34
s47F
kindly passed on your details.
Do you have anytime today for a quick teams meeting to discuss Climate Active and BATA?
s47F
s47F

Director – Strategy and Engagement | Climate Active
Department of Climate Change, Energy, the Environment and Water
Ngunnawal Country, Industry House, 10 Binara Street (GPO Box 2013) Canberra ACT 2601
s47F
@industry.gov.au
Acknowledgement of Country
Our department recognises the First Peoples of this nation and their ongoing connection to culture and country.
We acknowledge First Nations Peoples as the Traditional Owners, Custodians and Lore Keepers of the world's
oldest living culture and pay respects to their Elders past, present and emerging.
OFFICIAL
From: s47F
@awe.gov.au]
Sent: Monday, 8 August 2022 8:51 PM
To: s47F
@industry.gov.au>
Cc: s47F
@environment.gov.au>; s47F

@environment.gov.au>
Subject: British American Tobacco - WHO Framework Convention on Tobacco Control [SEC=O
CARE FFICIAL]
UNDER
Hi s47F
1982
AGED
Good to run into you over the weekend – fortuitous timing!
ACT
RELEASED AND
As I mentioned, our counterparts from the Department of Health reached out last week after a stakeholder raised
concerns about Climate Active’s endorsement of British American Tobacco. s22
, Director, Tobacco Control
BEEN
(details below) provided the fol owing summary of considerations for go
HEALTH vernment in dealing with the tobacco
industry:
HAS INFORMATION
OF
Australia is a signatory to the World Health Organisat
OF  ion (WHO) Framework Convention on Tobacco Control (FCTC).
As a Party to the WHO FCTC, Australia is obliged, under FCTC Article 5.3, to take steps to protect its policy setting
and implementation from interference from the tobacco industry and its interests. Relevant clauses of the FCTC
include:
DOCUMENT
FREEDOM
DEPARTMENT
 Consultation with the tobac
THIS  co industry should be limited to what is necessary for public officials or agencies
THE
to enact effective tobacco con
THE  trol measures.
 Action should be taken to de-n
BY  ormalise the tobacco industry’s ‘socially responsible’ activities.
 Reject partnerships and non-binding or non-enforceable agreements with the tobacco industry
 Require that information provided by the tobacco industry be transparent and accurate.
 Do not give preferential treatment to the tobacco industry.
Guidance on these obligations is available at:
1) WHO FCTC guidelines for implementation article 5.3
The key section of this document relevant to this situation is Recommendation 6 which recommends actions
that should be taken to de-normalise the tobacco industry’s ‘socially responsible’ activities. The tobacco
industry conducts activities described as socially responsible to distance its image from the lethal nature of
the product it produces and sells or to interfere with the setting and implementation of public health
policies. Activities that are described as “socially responsible” by the tobacco industry, aiming at the
promotion of tobacco consumption, is a marketing as well as a public relations strategy that falls within the
Convention’s definition of advertising, promotion and sponsorship.
2

FOI 4621
Page 7 of 34
2)  Guidance for Public Officials on Interacting with the Tobacco Industry
The Department of Health and Aged care developed this guidance document to assist public officials in
meeting their obligations under Article 5.3. This guidance includes advice on how public officials should
proceed if they are approached about, or become aware of, any tobacco industry ‘corporate social
responsibility’ initiatives.

Promotion of the tobacco industry’s carbon neutral operations could be perceived as a corporate social
responsibility activity and government endorsement could be in contravention of the FCTC.
For additional contextual information pls refer to these sources which highlight tobacco industry tactics, particularly
the “greenwashing” tactic used by the tobacco industry globally.

https://tobaccotactics.org/wiki/cigarette-filters/
https://www.bmj.com/content/367/bmj.l5890

s22  is happy to discuss in more detail if you need additional info or assistance in interpreting the WHO FCTC Article
5.3. His details are s22


Also feel free to shout out if you need anything further from us and I’m sure I’ll run into you sometime soon!

Sincerely,
CARE
s47F
UNDER

1982
s47F
| Director
AGED
Product Stewardship Policy | Environment Protection Division
ACT
Ngunnawal Country, John Gorton Building, King Edward Terrace, Parkes A
RELEASED  CT 2
AND 600 Australia
Department of Climate Change, Energy, the Environment and Water
 s47F

@environment.gov.au
BEEN

HEALTH

HAS
OF

INFORMATION
"Important: This transmission is intended only fo
OF  r the use of the addressee and may contain confidential or
legally privileged information. If you are not the intended recipient, you are notified that any use or
dissemination of this communication is strictly prohibited. If you receive this transmission in error please
notify the author immediately and delete all
DOCUMENT copies of this transmission."
FREEDOM
DEPARTMENT
THIS
THE  THE
BY
3

FOI 4621
Page 8 of 34
s22
From:
s22
Sent:
Tuesday, 13 September 2022 11:20 PM
To:
s47F
Cc:
s47F
; s22
; ROBERTS, Belinda
Subject:
FW: British American Tobacco - WHO Framework Convention on Tobacco Control
[SEC=OFFICIAL]
Attachments:
IMG_6778.PNG; IMG_6779.PNG; Climate Active.PNG; Climate Active 2.PNG
Hi s47F

Thanks for your email and call today.
Our Executive’s next availability is 29th September 2022 between 1:30 – 5pm, should that be suitable for your
Executive.
We wonder if it would assist to have an at officer level discussion prior to this date that could inform a further
discussion with our Agency’s relevant Executives, should it be required?

In relation to your question regarding the intended reach of The Guide, we note:

CARE
  The Guide was developed in consultation with several Australian Governm
UNDER  ent agencies, including the Office
of International Law in the Attorney-General’s Department, and has been circulated to several agencies
1982
including but not limited to the Department of the Prime Minister and Cabine
AGED  t, Department of Foreign
Affairs and Trade, Department of Home Affairs and Treasury.
ACT
  The scope of the Guide was informed by the WHO FCTC Guideline
RELEASED  s for
AND   implementation of Article 5.3, and
other relevant decisions of the Conference of the Parties to the WHO FCTC. The Article 5.3 implementation
guidelines aim to assist Australia and other Parties to the FCTC in meeting their legal obligations under
BEEN
Article 5.3 of the FCTC.
HEALTH
  In March 2020, printed copies of the Guide were dispat
OF  ched to all sitting Members of Parliament and
HAS
Senators. 140 printed copies of the Guide were also dispatch
INFORMATION ed by DFAT to Australian High Commissions and
Embassies.
OF
  The Guide is intended to apply to any official, representative or employee in a Commonwealth government
agency, body or entity, or anyone acting on behalf of any branch or level of government. It also includes
Members of Parliament and their staff.
DOCUMENT
DEPARTMENT

FREEDOM
We have concerns that Climate Ac
THIS  tive’s Certification of British American Tobacco (BAT) is inconsistent with article
THE
5.3 of the WHO FCTC and could attr
THE act significant criticism from stakeholders. In relation to the certification, we
BY
note the following:
  We understand from the attached images that BAT has recently received certification via the Australian
Government’s Climate Active initiative. While we are not aware of all the details surrounding this
certification, based on the information available, it may be criticised by stakeholders as not being in the
spirit of FCTC Article 5.3.
  In our view, BAT’s recent certification appears to be most relevant to the following recommendations in the
Article 5.3 implementation guidelines:
o  (2) Establish measures to limit interactions with the tobacco industry and ensure the transparency of
those interactions that occur. In setting and implementing public health policies with respect to
tobacco control, any necessary interaction with the tobacco industry should be carried out by Parties
in such a way as to avoid the creation of any perception of a real or potential partnership or
cooperation resulting from or on account of such interaction. In the event the tobacco industry
engages in any conduct that may create such a perception, Parties should act to prevent or correct
this perception.
o  (3) Reject partnerships and non-binding or non-enforceable agreements with the tobacco industry.
1

UNDER  CARE
1982
AGED
ACT
RELEASED AND
BEEN  HEALTH
HAS INFORMATION
OF
OF
DOCUMENT
FREEDOM
DEPARTMENT
THIS
THE  THE
BY

FOI 4621
Page 10 of 34

Has DoH provided any advice re the intended or actual reach of their guidance? We would
appreciate advice on whether this sort of thing falls within the intended scope, and any insights
regarding the risk of criticism.

s42

Happy to discuss tomorrow.

regards
s47F

OFFICIAL
s22

CARE

UNDER

1982

AGED

ACT AND

RELEASED


BEEN

HEALTH
HAS
OF
INFORMATION

OF

DOCUMENT

FREEDOM
DEPARTMENT

THIS
THE  THE
BY

3

FOI 4621
Page 15 of 34
s22









CARE

UNDER

1982

AGED

ACT AND

RELEASED
OFFICIAL
From: s47F
@awe.gov.au]
BEEN  HEALTH
Sent: Tuesday, 9 August 2022 5:27 PM
To: s47F
@industry
HAS .gov.au>
INFORMATION
OF
Cc: s47F
@environment.gov.au>
OF
Subject: RE: British American Tobacco - WHO Framework Convention on Tobacco Control
[SEC=OFFICIAL]

DOCUMENT
Hey s47F
FREEDOM
DEPARTMENT

THIS
s22  has asked that your team reac
THE  h out to the stakeholder who raised concerns about the
THE
certification of British American Tobacco. Are you able to close the loop/let them know that their
BY
concern has been received and is being reviewed/will be addressed appropriately etc?

The email came from Rob Cawthorne and is copied below:

To whom this may concern,

While examining other issues with carbon neutral claims under the Climate Active program I noticed
that the Climate Active program run by the department of industry has endorsed / certified British
American Tobacco for their Climate action.

I am not sure if this is a breach of the ban on tobacco advertising, however I still thought this should
be brought to your attention and in my opinion is certainly not something that any federal
government department should be endorsing.

The program displays the logo page 4 of the certified members list found at -
https://www.climateactive.org.au/buy-climate-active/certified-brands#4. While BAT do not appear
8

FOI 4621
Page 16 of 34
to have promoted the certification outside the organisation albeit the certification itself it could
have the effect of saying smoking is not so bad because it causes no impact on our climate. Clicking
on the link leads to the members page at https://www.climateactive.org.au/buy-climate-
active/certified-members/british-american-tobacco-australia, which is designed to allow provide
consumers with disclosure surrounding the climate action an organisation has taken.

I would encourage the department of health to request of the department of industry and the
climate active program to remove the listing even if they still choose to provide the certification.

Kind regards,


Rob Cawthorne
Managing Director

THE CARBON REDUCTION INSTITUTE
E: s22
| www.noco2.com.au
M: s22
| P: 02 8228 7300 | F: 02 8228 7350
s22


Calculate and negate your personal climate change impact at: secure.noco2.com.au
Help Solve Climate Change. Source from the Low Carbon Economy Directory
CARE

UNDER
I acknowledge the Traditional Owners and Custodians of the lands on which I live and work and
pay respects to Elders past, present, and emerging.
1982
AGED

    Follow & subscribe here!
ACT
RELEASED AND
Disclaimer: This  email is  subject to  copyright.  No  part of it  should  be reproduced,  adapted or  transmitted
without the written consent of the copyright owner. This email and any files transmitted with it are confidential
and intended solely for the use of the individual or entity to whom they are addressed. If you have received this
BEEN
email in error, please notify the sender immediately and delete this email. Carbon Red
HEALTH  uction Institute accepts
no responsibility for the accuracy, adequacy, compatibility or integrity of the file/s and recommends that the
file/s be checked for viruses prior to download.
HAS INFORMATION
OF


OF
Let me know if there are any issues!

DOCUMENT
Sincerely,
FREEDOM
DEPARTMENT
s47F
THIS

THE  THE
s47F
| Director
BY
Product Stewardship Policy | Environment Protection Division
Ngunnawal Country, John Gorton Building, King Edward Terrace, Parkes ACT 2600 Australia
Department of Climate Change, Energy, the Environment and Water
 s47F

@environment.gov.au


From: s47F

Sent: Monday, 8 August 2022 8:51 PM
To:s47F
@industry.gov.au>
Cc: s47F
@environment.gov.au>; s47F

@environment.gov.au>
Subject: British American Tobacco - WHO Framework Convention on Tobacco Control
[SEC=OFFICIAL]

Hi s47F
Good to run into you over the weekend – fortuitous timing!
9

FOI 4621
Page 17 of 34
As I mentioned, our counterparts from the Department of Health reached out last week after a
stakeholder raised concerns about Climate Active’s endorsement of British American Tobacco. s22
, Director, Tobacco Control (details below) provided the following summary of
considerations for government in dealing with the tobacco industry:
Australia is a signatory to the World Health Organisation (WHO) Framework Convention on Tobacco
Control (FCTC). As a Party to the WHO FCTC, Australia is obliged, under FCTC Article 5.3, to take
steps to protect its policy setting and implementation from interference from the tobacco industry
and its interests. Relevant clauses of the FCTC include:
         Consultation with the tobacco industry should be limited to what is necessary for public officials
or agencies to enact effective tobacco control measures.
         Action should be taken to de-normalise the tobacco industry’s ‘socially responsible’ activities.
         Reject partnerships and non-binding or non-enforceable agreements with the tobacco industry
         Require that information provided by the tobacco industry be transparent and accurate.
         Do not give preferential treatment to the tobacco industry.

Guidance on these obligations is available at:
UNDER  CARE

1)      WHO FCTC guidelines for implementation article 5.3
1982
AGED
The key section of this document relevant to this situation is Recommendation 6 which recommends
actions that should be taken to de-normalise the tobacco industry
ACT  ’s ‘socially responsible’ activities.
AND
The tobacco industry conducts activities described as socially resp
RELEASED  onsible to distance its image from
the lethal nature of the product it produces and sells or to interfere with the setting and
implementation of public health policies. Activities t
BEEN hat are described as “socially responsible” by
HEALTH
the tobacco industry, aiming at the promotion of tobacco consumption, is a marketing as well as a
public relations strategy that falls within the Con
HAS  vention’
OF  s definition of advertising, promotion and
INFORMATION
sponsorship.
OF

2)      Guidance for Public Officials on Interacting with the Tobacco Industry
The Department of Health and Aged care developed this guidance document to assist public officials
DOCUMENT
in meeting their obligations under Article 5.3. This guidance includes advice on how public officials
DEPARTMENT
should proceed if they are approached a
FREEDOM  bout, or become aware of, any tobacco industry ‘corporate
THIS
social responsibility’ initiatives.
THE  THE

BY
Promotion of the tobacco industry’s carbon neutral operations could be perceived as a corporate
social responsibility activity and government endorsement could be in contravention of the FCTC.
For additional contextual information pls refer to these sources which highlight tobacco industry
tactics, particularly the “greenwashing” tactic used by the tobacco industry globally.

https://tobaccotactics.org/wiki/cigarette-filters/
https://www.bmj.com/content/367/bmj.l5890

s22  is happy to discuss in more detail if you need additional info or assistance in interpreting the
WHO FCTC Article 5.3. His details are T: s22


Also feel free to shout out if you need anything further from us and I’m sure I’ll run into you
sometime soon!

Sincerely,
s47F
10

FOI 4621
Page 18 of 34

s47F
| Director
Product Stewardship Policy | Environment Protection Division
Ngunnawal Country, John Gorton Building, King Edward Terrace, Parkes ACT 2600 Australia
Department of Climate Change, Energy, the Environment and Water
 s47F

@environment.gov.au



"Important: This transmission is intended only for the use of the addressee and may contain
confidential or legally privileged information. If you are not the intended recipient, you are
notified that any use or dissemination of this communication is strictly prohibited. If you
receive this transmission in error please notify the author immediately and delete all copies
of this transmission."

"Important: This transmission is intended only for the use of the addressee and may contain
confidential or legally privileged information. If you are not the intended recipient, you are
notified that any use or dissemination of this communication is strictly prohibited. If you
receive this transmission in error please notify the author immediately and delete all copies
of this transmission."

"Important: This transmission is intended only for the use of the addressee and may contain
UNDER  CARE
confidential or legally privileged information. If you are not the intended recipient, you are
notified that any use or dissemination of this communication is stric
1982   tly prohibited. If you
AGED
receive this transmission in error please notify the author immediately and delete all copies
of this transmission."
ACT AND

RELEASED
"Important: This transmission is intended only for the use of the addressee and may contain
confidential or legally privileged information. If y
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notified that any use or dissemination of this communication is strictly prohibited. If you
receive this transmission in error please not
HAS  ify the a
OF  uthor i
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of this transmission."
OF

"Important: This transmission is intended only for the use of the addressee and may contain
confidential or legally privileged information. If you are not the intended recipient, you are
DOCUMENT
notified that any use or dissemination of this co
DEPARTMENT  mmunication is strictly prohibited. If you
FREEDOM
receive this transmission i
THIS  n error please notify the author immediately and delete all copies
of this transmission." THE  THE
BY

[SEC=OFFICIAL]
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UNDER  CARE
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OF
OF
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BY

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  n our view, BAT’s recent certification appears to be most relevant to the following recommendations
in the Article 5.3 implementation guidelines:
o (2) Establish measures to limit interactions with the tobacco industry and ensure the
transparency of those interactions that occur. In setting and implementing public
health policies with respect to tobacco control, any necessary interaction with the
tobacco industry should be carried out by Parties in such a way as to avoid the
creation of any perception of a real or potential partnership or cooperation resulting
from or on account of such interaction. In the event the tobacco industry engages in
any conduct that may create such a perception, Parties should act to prevent or
correct this perception.
o (3) Reject partnerships and non-binding or non-enforceable agreements with the
tobacco industry.
o (6) Denormalize and, to the extent possible, regulate activities described as “socially
responsible” by the tobacco industry, including but not limited to activities described
as “corporate social responsibility”.
The next steps being undertaken by the Department of Health and Aged Care to further implement
Article 5.3 include:
CARE

UNDER
Finalising the draft National Tobacco Strategy (NTS) 2022-2030 which outlines a number of regulatory
and non-regulatory measures to protect public health policy, including tobacco c
1982   ontrol policies,
AGED
from tobacco industry interference. The new NTS is expected to be finalised in late 2022, subject to
endorsement by all Australian governments.
ACT
RELEASED AND
  ncreasing awareness of Article 5.3 and tobacco industry practices among government and non-
government stakeholders remains a key priority for tobacco
BEEN  control in Australia.
HEALTH

HAS
OF
The first action item proposed in the NTS is to increase awareness among the public, government and
INFORMATION
non-government organisations about Article 5.3 and tobacco industry practices, including tobacco
OF
industry interference in tobacco control policies. It tasks the Australian Government, state and
territory governments, NGOs with responsibility for this.
DOCUMENT
 As an initial step in increasing awareness of Article 5.3 and tob
DEPARTMENT  acco industry practices among
FREEDOM
government officials, the Department of Health and Aged Care proposes to disseminate The Guide
THIS
to current sitting parliamentarians and Depar
THE  tment Heads late in 2022.
THE
BY
I hope the above information is of assistance and look forward to hearing from you of another time
to discuss further.
If you have any questions in the meantime, please don’t hesitate to contact me.
s22

A/g Director – Tobacco Control Section
Alcohol, Tobacco and Other Drugs Branch

Population Health Division | Primary and Community Care Group
Australian Government, Department of Health and Aged Care
T: s22

Location: Sirius s22

GPO Box 9848, Canberra ACT 2601, Australia
The Department of Health and Aged Care acknowledges the traditional owners of country throughout Australia, and
their continuing connection to land, sea and community. We pay our respects to them and their cultures, and to all
Elders both past and present.
---------- Forwarded message ----------
From: s47F
@industry.gov.au>
Date: 11 September 2022 at 10:16:26 AEST
4

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 Require that information provided by the tobacco industry be transparent and
accurate.
 Do not give preferential treatment to the tobacco industry.
Guidance on these obligations is available at:
1) WHO FCTC guidelines for implementation article 5.3
The key section of this document relevant to this situation is Recommendation 6
which recommends actions that should be taken to de-normalise the tobacco
industry’s ‘socially responsible’ activities. The tobacco industry conducts activities
described as socially responsible to distance its image from the lethal nature of the
product it produces and sells or to interfere with the setting and implementation of
public health policies. Activities that are described as “socially responsible” by the
tobacco industry, aiming at the promotion of tobacco consumption, is a marketing
as well as a public relations strategy that falls within the Convention’s definition of
advertising, promotion and sponsorship.
2) Guidance for Public Officials on Interacting with the Tobacco Industry
The Department of Health and Aged care developed this guidance document to
assist public officials in meeting their obligations under Article 5.3. This guidance
includes advice on how public officials should proceed if they are approached about,
or become aware of, any tobacco industry ‘corporate social responsibility’
initiatives.
CARE
Promotion of the tobacco industry’s carbon neutral operations could be p
UNDER erceived
as a corporate social responsibility activity and government endorsement could be
1982
in contravention of the FCTC.
AGED
For additional contextual information pls refer to these sources w
ACT hich highlight
tobacco industry tactics, particularly the “greenwashing” tactic us
RELEASED  ed by
AND   the tobacco
industry globally.
https://tobaccotactics.org/wiki/cigarette-filters/
BEEN
https://www.bmj.com/content/367/bmj.l5890
HEALTH
s22  is happy to discuss in more detail if you n
HAS  eed addit
OF  ional info or assistance in
INFORMATION
interpreting the WHO FCTC Article 5.3. His details are T: s22

OF

Also feel free to shout out if you need anything further from us and I’m sure I’ll run
into you sometime soon! DOCUMENT
Sincerely,
FREEDOM
DEPARTMENT
s47F
THIS
| Director  THE  THE
Product Stewardship Policy | Environment Protection Division
BY
Ngunnawal Country, John Gorton Building, King Edward Terrace, Parkes ACT 2600
Australia
Department of Climate Change, Energy, the Environment and Water
 s47F

@environment.gov.au
"Important: This transmission is intended only for the use of the addressee and may
contain confidential or legally privileged information. If you are not the intended
recipient, you are notified that any use or dissemination of this communication is
strictly prohibited. If you receive this transmission in error please notify the author
immediately and delete all copies of this transmission."
"Important: This transmission is intended only for the use of the addressee and may
contain confidential or legally privileged information. If you are not the intended
recipient, you are notified that any use or dissemination of this communication is
strictly prohibited. If you receive this transmission in error please notify the author
immediately and delete all copies of this transmission."
"Important: This transmission is intended only for the use of the addressee and may
contain confidential or legally privileged information. If you are not the intended
11

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recipient, you are notified that any use or dissemination of this communication is
strictly prohibited. If you receive this transmission in error please notify the author
immediately and delete all copies of this transmission."
"Important: This transmission is intended only for the use of the addressee and may
contain confidential or legally privileged information. If you are not the intended
recipient, you are notified that any use or dissemination of this communication is
strictly prohibited. If you receive this transmission in error please notify the author
immediately and delete all copies of this transmission."
"Important: This transmission is intended only for the use of the addressee and may
contain confidential or legally privileged information. If you are not the intended
recipient, you are notified that any use or dissemination of this communication is
strictly prohibited. If you receive this transmission in error please notify the author
immediately and delete all copies of this transmission."

[SEC=OFFICIAL]

[SEC=OFFICIAL]

CARE
[SEC=OFFICIAL]
UNDER
1982
AGED
ACT
RELEASED AND
BEEN HEALTH
HAS INFORMATION
OF
OF
DOCUMENT
FREEDOM
DEPARTMENT
THIS
THE THE
BY
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s22
From:
s22
Sent:
Thursday, 3 November 2022 9:47 AM
To:
s47F
Cc:
s22
; s47F
Subject:
RE: Termination of BATA's Climate Active certification [SEC=OFFICIAL:Sensitive]
s47F

Thank you for keeping us updated on this matter.

Please reach out again if you require further assistance.

Next year we might discuss with you the possibility of jointly presenting this to other APS agencies at the Tobacco
Control IDC as an FCTC Article 5.3 implementation case study.

Kind regards

s22

UNDER  CARE
s22
Director | Tobacco Control
1982

AGED
Alcohol, Tobacco and Other Drugs Branch | Population Health Division
ACT
Primary and Community Care Group
AND
Australian Government, Department of Health and Aged Care
RELEASED
T: s22

Location: Sirius Building s22

BEEN
GPO Box 9848, Canberra ACT 2601, Australia
HEALTH
The Department of Health and Aged Care acknowledges the traditiona
OF l owners of country throughout Australia, and their
HAS INFORMATION
continuing connection to land, sea and community. We pay our respects to them and their cultures, and to all Elders both past and
present.
OF

From: s47F
@industry.gov.au>
DOCUMENT
Sent: Wednesday, 2 November 2022 5:05 PM
DEPARTMENT
To:
FREEDOM
s22
@Health.gov.au>
THIS
Cc: s22
@health
THE  .gov.au>; s22
@health.gov.au>; s47F

THE
@industry.gov.au>; s47F
@industry.gov.au>
BY
Subject: Termination of BATA's Climate Active certification [SEC=OFFICIAL:Sensitive]

Hi s22

Just updating you on developments.

Last week the Department sent a notice of termination of licence agreement to British American Tobacco Australia
Limited.

All Climate Active Carbon Neutral standards have been updated and now state:

3.4.4 Discretion regarding certification

Meeting the Climate Active Carbon Neutral Standard for Organisation’s requirements does not automatically entitle
the organisation to certification. The Department reserves the right, at any time and in its absolute discretion, to
refuse any application for certification under this Standard. It may also suspend or terminate a licence agreement in
1

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accordance with its terms, including if the holder no longer meets requirements for certification. For the avoidance
of doubt, the Department will not be liable for any loss or damage of any kind, howsoever arising, that may be
occasioned directly or indirectly as a result of such a refusal, suspension or termination.

Tobacco organisations, products, services, events, buildings and precincts

Tobacco related organisations, products, services, events, buildings and/or precincts will not be certified. This arises
from Australia’s commitment to implementing Article 5.3 of the World Health Organization Framework Convention
on Tobacco Control (WHO FCTC), as further enunciated in Australia’s Interpretative Declaration in relation to the
WHO FCTC, the Guidelines for implementation of Article 5.3 of the WHO FCTC, and the Australian Government
Department of Health’s Guidance for Public Officials on Interacting with the Tobacco Industry.

https://www.climateactive.org.au/sites/default/files/2022-10/10571RR%20Environment%20-
%20Organisation%20Standard%20A4 FA Web.pdf

Thank you for the advice and support provided.

Kind regards
s47F

s47F

Director – Strategy and Engagement | Climate Active
Department of Climate Change, Energy, the Environment and Water
UNDER  CARE

Ngunnawal Country, 51 Allara St, Canberra ACT 2601 Australia

P s47F
@industry.gov.au
1982
AGED

ACT
Acknowledgement of Country
RELEASED AND
Our department recognises the First Peoples of this nation and their ongoing connection to culture and country.
We acknowledge First Nations Peoples as the Traditional Owners, Custodians and Lore Keepers of the world's
oldest living culture and pay respects to their Elders past, present and emerging.
BEEN

HEALTH

HAS INFORMATION
OF
OFFICIAL: Sensitive
OF
DOCUMENT
FREEDOM
DEPARTMENT
THIS
THE  THE
BY
2