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Health Minister Mark Butler's correspondence with Philip Morris and British American Tobacco on vaping regulations.

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Dear Department of Health,

I am writing to submit a Freedom of Information (FOI) request seeking access to all correspondence between Health Minister Mark Butler and Philip Morris International. Additionally, I request access to all communication between Health Minister Mark Butler and British American Tobacco specifically related to the Therapeutic Goods Legislation Amendment (Vaping) Regulations 2023 and Customs Legislation Amendment (Vaping Goods) Regulations 2023.

Please provide any letters, emails, memos, meeting minutes, or other documents pertaining to these communications.

Thank you for your attention to this matter. I look forward to your prompt response.

Yours faithfully,
VP

TGA FOI, Department of Health

4 Attachments

Dear VP

FREEDOM OF INFORMATION REQUEST – NOTIFICATION OF RECEIPT

I refer to your request received by the Office of the Minister for Health
and Aged Care, the Hon Mark Butler, for access to documents under the
Freedom of Information Act 1982 (FOI Act), as follows:

‘…all correspondence between Health Minister Mark Butler and Philip Morris
International. Additionally, I request access to all communication between
Health Minister Mark Butler and British American Tobacco specifically
related to the Therapeutic Goods Legislation Amendment (Vaping)
Regulations 2023 and Customs Legislation Amendment (Vaping Goods)
Regulations 2023. Please provide any letters, emails, memos, meeting
minutes, or other documents pertaining to these communications…’

Under section 15(5)(b) of the FOI Act, the Minister’s Office has 30
calendar days from the date your request was received in which to provide
a decision in response to your request for access. A decision is currently
due on or before 8 March 2024. Due to the statutory processing time
afforded under the FOI Act in which to provide you with a decision in
relation to your FOI request, we would be grateful if you could please
monitor your emails periodically for updates regarding your request.

Where there is requirement to undertake consultation with affected third
parties, this timeframe is extended by a further 30 days. It may also be
extended in certain circumstances, including with your agreement or where
the Minister’s Office applies to the Office of the Australian Information
Commissioner for an extension.

Unless you advise otherwise, draft and duplicate documents, Commonwealth
employee names and contact details of staff below Senior Executive Service
level, internal group email addresses and mobile telephone numbers of all
staff will be excluded from the scope of your request under section
22(1)(a)(ii) of the FOI Act.

Personal information:

I note from your request that you have not indicated whether you seek
access to the personal information of third parties (e.g. the names and
contact details of individuals, or any information that could reasonably
identify an individual). Seeking this information may require the
Minister’s Office to consult with the identified individuals. This will
increase the time taken to process your request and the costs involved. As
such, we would be grateful if you would consider removing the personal
information of third parties from the scope of your request. 

In addition, please note that if the Minister’s Office decides that you
are liable to pay a charge in relation to your request then this timeframe
is extended pending payment of a deposit. You will be notified by the
Minister’s Office if you are liable to pay a charge and/or if third party
consultation is required.

I would be grateful if you could respond to this email by COB Thursday 15
February 2024 so that we may continue processing your request.

If you have any queries, please contact the FOI team on (02) 6289 4630, or
via email at [1][email address].

Kind regards

 

Freedom of Information

Therapeutic Goods Administration

Australian Government Department of Health and Aged Care

T: 02 6289 4630 | E: [2][email address]

PO Box 100, Woden ACT 2606, Australia

Web: [3]www.tga.gov.au

 

[4][IMG][5][IMG][6][IMG]

 

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.

 

The Department of Health acknowledges the Traditional Custodians of
Australia and their continued connection to land, sea and community. We
pay our respects to all Elders past and present.

 

show quoted sections

Dear TGA FOI,

I agree to remove personal information of third parties from the scope of my request.

Yours sincerely,

VP

TGA FOI, Department of Health

5 Attachments

Dear VP

 

Please find attached correspondence in relation to your Freedom of
Information request.

 

Note: please be advised that the Therapeutic Goods Administration (TGA) is
providing administrative support to the Minister for Health and Aged Care,
the Hon Mark Butler MP, with processing this request. 

 

IMPORTANT: Please include reference to FOI 4972 in your payment.

 

Consultation

As your request relates to the personal, professional, business,
commercial or financial affairs of third parties, pursuant to section 27
and 27A of the FOI Act, the Minister for Health and Aged Care, the Hon
Mark Butler MP, is required to consult with the affected third parties and
provide them an opportunity to make submissions regarding the release of
the documents.

 

Accordingly, under section 15(6) of the FOI Act, and upon payment of a
deposit, the timeframe for processing your request will be extended by 30
days to allow the consultation process to be conducted.

 

If you have any questions, please do not hesitate to contact the FOI Team.

 

Kind regards

 

Freedom of Information

Therapeutic Goods Administration

Australian Government Department of Health and Aged Care

T: 02 6289 4630 | E: [1][email address]

PO Box 100, Woden ACT 2606, Australia

Web: [2]www.tga.gov.au

 

[3][IMG][4][IMG][5][IMG]

 

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.

 

The Department of Health acknowledges the Traditional Custodians of
Australia and their continued connection to land, sea and community. We
pay our respects to all Elders past and present.

 

 

"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."

References

Visible links
1. mailto:[email address]
2. http://www.tga.gov.au/
3. https://www.facebook.com/TGAgovau/
4. https://twitter.com/TGAgovau
5. https://www.youtube.com/channel/UCem9INJ...

TGA FOI, Department of Health

5 Attachments

Dear VP

 

I refer to the Estimate of Charges letter sent to you on 23 February 2024
(attached) relating to your request FOI 4972.

 

I write to advise you that your request was deemed withdrawn, as no
payment was received within the legislated timeframe notified in the
Estimate of Charges letter.

 

Should you have any questions regarding this matter, please do not
hesitate to contact the TGA FOI team.

 

Kind regards

 

Freedom of Information

Therapeutic Goods Administration

Australian Government Department of Health and Aged Care

T: 02 6289 4630 | E: [1][email address]

PO Box 100, Woden ACT 2606, Australia

Web: [2]www.tga.gov.au

 

[3][IMG][4][IMG][5][IMG]

 

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.

 

The Department of Health acknowledges the Traditional Custodians of
Australia and their continued connection to land, sea and community. We
pay our respects to all Elders past and present.

 

From: TGA FOI <[email address]>
Sent: Friday, February 23, 2024 3:40 PM
To: '[FOI #11083 email]'
<[FOI #11083 email]>
Cc: TGA FOI <[email address]>
Subject: FOI 4972 - Notice of Estimate of Charges

 

Dear VP

 

Please find attached correspondence in relation to your Freedom of
Information request.

 

Note: please be advised that the Therapeutic Goods Administration (TGA) is
providing administrative support to the Minister for Health and Aged Care,
the Hon Mark Butler MP, with processing this request. 

 

IMPORTANT: Please include reference to FOI 4972 in your payment.

 

Consultation

As your request relates to the personal, professional, business,
commercial or financial affairs of third parties, pursuant to section 27
and 27A of the FOI Act, the Minister for Health and Aged Care, the Hon
Mark Butler MP, is required to consult with the affected third parties and
provide them an opportunity to make submissions regarding the release of
the documents.

 

Accordingly, under section 15(6) of the FOI Act, and upon payment of a
deposit, the timeframe for processing your request will be extended by 30
days to allow the consultation process to be conducted.

 

If you have any questions, please do not hesitate to contact the FOI Team.

 

Kind regards

 

Freedom of Information

Therapeutic Goods Administration

Australian Government Department of Health and Aged Care

T: 02 6289 4630 | E: [6][email address]

PO Box 100, Woden ACT 2606, Australia

Web: [7]www.tga.gov.au

 

[8][IMG][9][IMG][10][IMG]

 

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.

 

The Department of Health acknowledges the Traditional Custodians of
Australia and their continued connection to land, sea and community. We
pay our respects to all Elders past and present.

 

 

"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."

References

Visible links
1. mailto:[email address]
2. http://www.tga.gov.au/
3. https://www.facebook.com/TGAgovau/
4. https://twitter.com/TGAgovau
5. https://www.youtube.com/channel/UCem9INJ...
6. mailto:[email address]
7. http://www.tga.gov.au/
8. https://www.facebook.com/TGAgovau/
9. https://twitter.com/TGAgovau
10. https://www.youtube.com/channel/UCem9INJ...

We don't know whether the most recent response to this request contains information or not – if you are VP please sign in and let everyone know.