11 February 2026
Glenn Hamiltonshire
BY EMAIL: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
In reply please quote:
FOI Request:
FA 25/11/00949
File Number:
FA25/11/00949
Dear Glenn Hamiltonshire
Freedom of Information (FOI) request – Decision
On 13 November 2025, the Department of Home Affairs (the Department) received a request for
access to documents under the
Freedom of Information Act 1982 (the FOI Act).
The purpose of this letter is to provide you with a decision on your request for access under the FOI
Act.
1
Scope of request
You have requested access to the following documents:
This is a Freedom of Information Request, as provided for under the Freedom of Information
Act 1982.
I seek access to the most recent edition of each report produced by the ITEC Commissioner
as specified under 'Section 163D Reporting functions' of the Public Health (Tobacco and
Other Products) Act 2023
Please exclude duplicates and documents already publicly released, including media
releases, reports, articles and statements to the media.
Please limit emails to the final message in the chain as long as previous messages are
captured.
6 Chan Street Belconnen ACT 2617
PO Box 25 Belconnen ACT 2616
• www.homeaffairs.gov.au
2
Authority to make decision
I am an officer authorised under section 23 of the FOI Act to make decisions in respect of requests
to access documents or to amend or annotate records.
3
Relevant material
In reaching my decision I referred to the following:
•
the terms of your request
•
the document relevant to the request
•
the FOI Act
•
Guidelines published by the Office of the Information Commissioner under section 93A
of the FOI Act (the FOI Guidelines)
•
advice from Departmental officers with responsibility for matters relating to the
documents to which you sought access
4
Documents in scope of request
The Department has identified one document as falling within the scope of your request. This
document was in the possession of the Department on 13 November 2025 when your request was
received.
5
Decision
The decision in response to your request is:
• to release the document identified as falling within the scope of your request by providing
access to the version of the published document.
6
Reasons for Decision
Section 4(1) of the FOI Act – material maintained for reference purposes
Section 4(1)(d) of the FOI Act provides that a document for the purpose of the FOI Act does not
include material that is otherwise publicly available.
The information you have requested, being
the most recent edition of each report produced by the
ITEC Commissioner as specified under ‘Section 163D Reporting functions' of the Public Health
(Tobacco and Other Products) Act 2023’, these reports are now publicly available on the Illicit
Tobacco and E‑cigarette Commissioner website, within the Illicit Tobacco and E-cigarette
Commissioner Report 2024-25. The document can be accessed using the following link:
https://www.itec.gov.au/sites/default/files/2025-12/ITEC Commissioner-Report 2024-25.pdf
7
Legislation
A copy of the FOI Act is available at https://www.legislation.gov.au/Series/C2004A02562. If you are
unable to access the legislation through this website, please contact our office for a copy.
- 2 -
8
Your review rights
Internal review
You do not have the right to seek an internal review of this decision. This is because section 54E(b)
of the FOI Act provides that, when an agency is deemed to have refused an FOI request under
section 15AC of the FOI Act, the applicant does not have the right to seek an internal review of the
deemed decision.
The Department was deemed to have refused your request under section 15AC of the FOI Act
because it did not make this decision within the statutory timeframes for the request.
While the Department has now made a substantive decision on your request, section 15AC of the
FOI Act continues to apply to your request, which means that any request you make for internal
review will be invalid.
Information Commissioner review
You can instead request the Australian Information Commissioner to review this decision. If you want
to request an Information Commissioner review, you must make your request to the Office of the
Australian Information Commissioner (OAIC) within 60 days of being notified of this decision.
You can apply for an Information Commissioner review at:
Information Commissioner review
application form on the OAIC website.
If you have already applied for an Information Commissioner review, there is no need to make a new
review request. The OAIC will contact you shortly to give you an opportunity to advise whether you
wish the review to continue, and to provide your reasons for continuing the review.
You can find more information about Information Commissioner reviews
on the OAIC website.
9
Making a complaint
You may make a complaint to the Australian Information Commissioner if you have concerns about
how the Department has handled your request under the FOI Act. This is a separate process to the
process of requesting a review of the decision as indicated above.
You can make an FOI complaint to the Office of the Australian Information Commissioner (OAIC)
at
: FOI Complaint Form on the OAIC website.
10 Contacting the FOI Section
Should you wish to discuss this decision, please do not hesitate to contact the FOI Section at
xxx@xxxxxxxxxxx.xxx.xx.
Yours sincerely
Electronically signed
Alex
Position number: 60188900
Authorised Decision Maker
Department of Home Affairs
- 3 -