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Our reference: FOI 25-401
Oliver Smith
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Smith
Decision on your Freedom of Information Request
1
Your request
On 2 June 2025, you submitted a request to the Department of Infrastructure, Transport, Regional
Development, Communications, Sport and the Arts (the Department), seeking access to documents under
the
Freedom of Information Act 1982 (FOI Act).
On 2 June 2025, you also submitted a request to the Department of Climate Change, Energy, the Environment
and Water (
DCCEEW), seeking access to the same documents under the FOI Act.
On 4 June 2025, DCCEEW notified you that, under section 16 of the FOI Act, your request to DCCEEW had
been transferred to this Department.
The original processing timeframe for your request expired on 2 July 20245. On 2 July 2025, we notified you
that that processing timeframe had been extended by 30-days pursuant to section 15(6) of the FOI Act, to
enable the Department to undertake formal consultation with affected third parties. As a result, the due date
for your request was extended to Friday, 1 August 2025.
2
Scope of your request
You requested access to:
any economic modelling produced in relation to the design of the New Vehicle Efficiency Standard policy
and legislation between 22 May 2022 and 26 March 2024
3
Authority to make decision
I am authorised by the Secretary to make decisions in relation to Freedom of Information requests under
section 23(1) of the FOI Act.
GPO Box 594, Canberra ACT 2601, Australia
(02) 6274 7111
infrastructure.gov.au
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4
Decision
I have identified 17 documents that I consider contain information that is relevant to your request. These
documents were in the possession of the Department when your request was received.
I have decided to:
• grant access in full to 13 documents
• refuse access to 4 documents
A number of documents in the possession of the Department which are relevant to your request are publicly
available. Whilst I have decided that these can be released to you, given their availability for publicly
accessible sources, I have included a link to these documents, rather than providing you with further copies.
A schedule setting out the documents relevant to your request, with my decision in relation to these
documents, i
s at ATTACHMENT A. The schedule includes the links to the publicly accessible documents.
5
Finding of facts and reasons for decision
My findings of fact and reasons for deciding that exemptions apply to some of the documents relevant to
your request are set out below.
5.1 Section 34 - Cabinet documents
Section 34(1)(a) of the FOI Act provides that a document is an exempt document if both of the following are
satisfied:
(i)
it has been submitted to the Cabinet for its consideration, or is or was proposed by a Minister
to be so submitted and
(ii)
it was brought into existence for the dominant purpose of submission for consideration by the
Cabinet
Paragraph 5.63 of the FOI Guidelines states that the Cabinet exemption is designed to protect the
confidentiality of the Cabinet process and to ensure that the principle of collective ministerial responsibility
(fundamental to the Cabinet system) is not undermined.
Paragraphs 21, 23 105 and 106 of the Cabinet Handbook1 respectively state:
21.
The principle of collective responsibility requires that ministers should be able to express
their views frankly in Cabinet meetings in the expectation that they can argue freely in
private while maintaining a united front in public when decisions have been reached. This in
turn requires that opinions expressed in the Cabinet and Cabinet Committees, including in
documents and any correspondence, are treated as confidential.
23.
The vital importance of confidentiality in relation to the deliberations of Cabinet is
recognised in legislation and under the common law. The Freedom of Information Act 1982
(the Act), for example, recognises the special nature of Cabinet deliberations in the
exemption it provides for certain Cabinet documents from disclosure under the Act (subject
to limited exceptions). Cabinet confidentiality is also a well-established ground for not
producing documents or information on a public interest immunity basis to courts, royal
commissions or legislatures.
1
www.pmc.gov.au/government/administration/cabinet-handbook-15th-edition
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105.
Cabinet documents are considered to be the property of the Government of the day. They
are not departmental records. As such they must be held separately from other working
documents of government administration.
106.
The unauthorised and premature disclosure of Cabinet documents, including draft Cabinet
documents (such as draft Cabinet minutes), undermines collective ministerial responsibility.
It also undermines the convention of Cabinet confidentiality. It is essential that the
confidentiality of Cabinet documents, including draft Cabinet documents, is maintained to
enable full and frank discussions to be had prior to the Cabinet making its decision.
I have had regard to the circumstances in which the document marked ‘s34(1)’ in the schedule was brought
into existence, and I am satisfied that it was created for the dominant purpose of submission for
consideration by the Cabinet, and that it has been submitted to the Cabinet for its consideration.
For the reasons set out above, I decided that the documents marked ‘s34’ in the schedule are exempt under
section 34 of the FOI Act.
6
Material taken into consideration
In making my decision, I had regard to the following:
• the terms of your request
• the content of the documents captured by your request
• the provisions of the FOI Act
• the guidelines issued by the Australian Information Commissioner under section 93A of the FOI Act
(the FOI Guidelines)
• advice from departmental officers with responsibility for the subject matter contained in the
documents captured by your request
• comments received from affected third parties consulted about documents which contain
information concerning them
7
Legislative provisions
The FOI Act, including the provisions referred to in my decision, are available on the Federal Register of
Legislation w
ebsite: www.legislation.gov.au/Series/C2004A02562.
8
Your review rights
If you are dissatisfied with my decision, you may apply for a review of it.
8.1 Internal review
You can request an internal review within 30 days of receiving this decision. An internal review will be
conducted by a different departmental officer from the original decision-maker.
No particular form is required to apply for review although it will assist the Department if you are able to set
out the grounds on which you believe that the original decision should be changed.
Applications for internal review can be sent
to xxx@xxxxxxxxxxxxxx.xxx.xx
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If you choose to seek an internal review, you will also have a right to apply for Information Commissioner
review (IC review) of the internal review decision once it has been provided to you if you remain dissatisfied
with the decision.
8.2 Information Commissioner review or complaint
An application for IC review must be made in writing to the Office of the Australian Information Commissioner
(OAIC) within 60 days of the decision.
If you are not satisfied with the way we have handled your FOI request, you can lodge a complaint with the
OAIC. However, the OAIC suggests that complaints are made to the agency in the first instance.
More information about the Information Commissioner reviews and complaints is available on the OAIC
website here: www.oaic.gov.au/freedom-of-information/foi-review-process.
9
Publication of material released under the FOI Act
Where I have decided to release documents to you, we may also publish the released material on our
Disclosure Log. We will not publish personal or business affairs information where it would be unreasonable
to do so.
For your reference our Disclosure Log can be found here
: www.infrastructure.gov.au/about-us/freedom-
information/freedom-information-disclosure-log.
Further information
If you require further information regarding this decision, please contact the Department’s FOI Section
at
xxx@xxxxxxxxxxxxxx.xxx.xx.
Yours sincerely
Tristan Kathage
Assistant Secretary
Reducing Surface Transport Emissions Branch
Surface Transport Emissions and Policy Division
Date: 1 August 2025
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ATTACHMENT A.
SCHEDULE OF DOCUMENTS FOI 25-401
Doc
Date of
Description of document
Num of Decision on access
Provision
No.
document
Pages
of FOI Act
1.
09 Aug 2023
Mandala Consumer Benefit briefing, Raising
15
Publicly available document:
standards, cutting costs: How an effective new
https://mandalapartners.com/uploa
vehicle efficiency standard can reduce vehicle
ds/EVs-Raising-Standards-Cutting-
emissions and save consumers money.
Costs.pdf
2.
31 May 2023 Australian Automobile Association Submission
31
Publicly available document:
to Fuel Efficiency Standards for Light Vehicles
https://www.infrastructure.gov.au/si
Consultation Paper
tes/default/files/documents/ccca-
australian-automobile-
association.pdf
3.
04 Mar 2024 Australian Automobile Association Submission
48
Publicly available document:
to NVES Consultation Impact Analysis
https://www.infrastructure.gov.au/si
tes/default/files/documents/nves-
australian-automobile-
association.pdf
4.
04 Mar 2024 Australian Automotive Dealers Association to
27
Publicly available document:
New Vehicle Efficiency Standard, Consultation
https://www.infrastructure.gov.au/si
Impact Analysis
tes/default/files/documents/nves-
australian-automotive-dealer-
association.pdf
5.
31 May 2023 Climate Council Submission to Fuel Efficiency
47
Publicly available document:
Standards for Light Vehicles Consultation Paper
https://www.infrastructure.gov.au/si
tes/default/files/documents/ccca-
climate-council-of-australia.pdf
6.
31 May 2023 The Electric Vehicle Council Submission to Fuel
32
Publicly available document:
Efficiency Standards for Light Vehicles
https://www.infrastructure.gov.au/si
Consultation Paper
tes/default/files/documents/ccca-
electric-vehicle-council.pdf
7.
04 Mar 2024 Federal Chamber of Automotive Industries
28
Publicly available document:
Submission to New Vehicle Efficiency Standard,
https://www.infrastructure.gov.au/si
Consultation Impact Analysis
tes/default/files/documents/nves-
federal-chamber-of-automotive-
industries-fcai.pdf
8.
31 May 2023 Grattan Institute Submission to Fuel Efficiency
12
Publicly available document:
Standards for Light Vehicles Consultation Paper
https://grattan.edu.au/wp-
content/uploads/2023/06/Submissio
n-on-the-design-of-fuel-efficiency-
standard.pdf
9.
5 Mar 2024 Motor Trades Association of Australia Response
33
Publicly available document:
to the New Vehicle Emissions Standard
https://www.infrastructure.gov.au/si
Consultation Impact Analysis
tes/default/files/documents/nves-
motor-trades-association-of-
australia-mtaa.pdf
10.
08 Mar 2024 Polestar Australia Response to the New Vehicle
15
Publicly available document:
Emissions Standard Consultation Impact
https://www.infrastructure.gov.au/si
Analysis
tes/default/files/documents/nves-
polestar-automotive.pdf
11.
28 Jun 2023 ROEV Submission in designing an Australian FES
26
Access granted in full
for industry, consumer and environmental
outcomes
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Doc
Date of
Description of document
Num of Decision on access
Provision
No.
document
Pages
of FOI Act
12.
04 Mar 2024 Smart Energy Council Submission in Have your
13
Publicly available document:
say - New Vehicle Efficiency Standard
https://www.infrastructure.gov.au/si
tes/default/files/documents/nves-
smart-energy-council.pdf
13.
31 May 2023 Solar Citizens Submission to Fuel Efficiency
29
Publicly available document:
Standard—Cleaner and Cheaper-to-run Cars for
https://www.infrastructure.gov.au/si
Australia
tes/default/files/documents/ccca-
solar-citizens.pdf
14.
19 Oct 2023
FINAL FES Stage 1 Report
179
Exempt in full
s34(1)(a)
15.
26 Oct 2023
FINAL FES Stage 2 Report
163
Exempt in full
s34(1)(a)
16.
15 Mar 2024
Additional modelling for FES
6
Exempt in full
s34(1)(a)
17.
21 Mar 2024
2nd Additional modelling for FES
8
Exempt in full
s34(1)(a)
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