TIF charter

TIF charter

Purpose

Terms of reference

The purpose of the Tobacco Industry Forum (TIF) is to provide key corporate representatives with interests in the tobacco industry, senior staff from the Australian Taxation Office (ATO) and the Australian Customs and Border Protection Service staff with a forum for consultation and discussion on issues of mutual concern regarding the tobacco industry.

Governance and relationships

The authority for decision making lies with agreement from the members of the group.

Justification for establishment

The aim of the forum is to assess risks within the tobacco industry and to work with industry to combat those identified.

Membership

Standing members

Membership of the TIF is based on their position.

The designated position is a member of the committee. This includes temporary appointments.

These members may send representatives to the meetings if agreed to by the Chair.

If the holder of the position changes their substantive position, then they are no longer a member of the committee unless their new substantive position is also a member of the committee.

Industry representation will be on an 'as appropriate' basis for each organisation.

Organisation

Position

Australian Taxation Office

Assistant Commissioner Indirect Tax, Clients and Risk (Chair)

Australia Customs and Border Protection Service

National Director, Compliance (Chair)

Australian Taxation Office

Assistant Commissioner, Serious Non-compliance

Australia Customs and Border Protection Service

National Director, Indirect Tax (Secretariat)

Australia Customs and Border Protection Service

National Manager, Investigations

Australia Customs and Border Protection Service

National Manager, Intelligence

Philip Morris Limited

Director, Corporate Affairs

Philip Morris Limited

Director, Finance

British American Tobacco Australia

Anti-illicit Trade Manager

British American Tobacco Australia

Head of Public Affairs

Imperial Tobacco Australia

Operations Finance Manager

Imperial Tobacco Australia

Director, Legal and Corporate Affairs

Imperial Tobacco Australia

Finance Operations Manager

Department of Health and Ageing

Director, Tobacco and Drug Prevention

Department of Health and Ageing

Assistant Secretary, Drug Strategy Branch

Australian Quarantine and Inspection Service

Manager, Sea Cargo Unit Import Clearance Program

Roles and responsibilities

The ATO and Customs jointly sponsor the TIF with the Assistant Commissioner Excise, Clients and Risk and the National Director Compliance, Customs as joint Chairs.

Chair

The ATO Chair in consultation with the Customs Chair will:

  • decide on the membership on behalf of the ATO and formally invite or release members of the TIF
  • plan the forum's workload in consultation with members
  • call meetings
  • settle the agenda for particular meetings
  • lead meetings, ensuring that minutes are cleared in a timely manner
  • ensure that minutes and records are properly maintained
  • settle the forum's deliberations in consultation with members
  • engage members to actively participate
  • initiate and lead the annual review of the forum
  • be responsible for costs relating to hospitality expenses associated with the forum and have it processed
  • maintain relationships with key stakeholders
  • manage risks.

Members

Members of the TIF will:

  • discuss broad issues of administrative policy and procedure in tax administration that impact on them
  • help prioritise issues
  • help develop constructive, workable solutions to issues including an understanding of the impact of proposed solutions on the industry and related businesses
  • participate as appropriate on joint working parties for significant issues
  • act with due diligence and good faith
  • commit to active participation
  • respect the commercial-in-confidence nature of some conversations
  • declare specific conflicts of interest/role according to the committee policy
  • meet any needed confidentiality requirements.

Secretariat

The role of the secretariat will include:

  • calling, preparing and distributing agenda and papers
  • taking minutes
  • arranging for distribution of minutes to members
  • arranging for minutes to be published on the ATO website
  • maintaining and publishing resolutions and tracking action items
  • providing appropriate secretariat support.

Delivery mechanisms

Resources

The ATO and the Australian Customs and Border Protection Service will alternate for the provision of a meeting venue. The ATO will provide for the resourcing of the secretariat including the time required to prepare for the meeting and maintaining the records of the meeting. Members contribute their time to attend meetings and read any relevant documents.

Frequency and timing of meetings

The TIF will meet a minimum of twice yearly with dates for the next meeting to be set at each meeting based on members' availability. Any papers will be circulated five business days prior to the meeting.

Records management

The secretariat will send the agenda to all members five business days prior to the meeting. The secretariat will record the minutes at each meeting and send to all members draft minutes within two weeks of the meeting.

Risks and issues management

Risks identified will be managed jointly by both Chairs and where necessary escalated to the appropriate body.

Communication procedures

All key decisions will be communicated via the minutes which will be distributed using email and published on the ATO website at www.ato.gov.au/excise and reported at the next TIF meeting. The responsibility for distributing the minutes lies with the secretariat. All members must clear the minutes prior to publishing on the ATO website.

Confidentiality arrangements

From time-to-time, the TIF may need to deal with information that is confidential. It is the Chair's responsibility to clearly identify such material when putting it to the forum.

A confidentiality agreement will not be used unless:

  • there are exceptional circumstances, meaning that the confidentiality agreement:
    • is required by government - that is, by an Act or other legislative instrument or by a ministerial direction, or
    • is required for material commercial-in-confidence considerations - that is, to enable the information to be legitimately put to, or held in confidence by, the forum, and
  • that confidentiality agreement:
    • identifies the reason it is required, the confidential information to which it relates, and applicable timeframes
    • allows the recipient of the information to liaise with other members of the TIF, and (where applicable) subject matter experts in their own organisations, on the basis that the information is confidential.

Payment

Expenses incurred in attending the forum meetings are met by the individual member.

Escalation of issues

Issues needing escalation will have the issue recorded in an external stakeholders' issues brief and the ATO Chair will arrange for it to be placed on the agenda of the appropriate committee.

Conflicts of interest and roles procedures

The joint Chairs for the TIF are responsible for managing both real and perceived conflicts of interests and roles within the committee.

The following procedure outlines how real and perceived conflicts will be managed.

  • At the start of each meeting, members should raise any conflict of interest or roles relating to particular agenda items. This will then be managed by the Chair in one of the following ways:
    • the member may be excused from the meeting for the relevant agenda item(s)
    • the member remains in the meeting, but does not participate in the discussion
    • the member be given opportunity to contribute to the discussion by offering advice or opinions prior to the issue being discussed by the committee as a whole, or
    • the member contributes to discussion after verbally declaring a conflict.
  • Declarations of conflicts of interest will be recorded in the minutes of that meeting.

Review and assurance

Tobacco Industry Forum operations from 1 July to 30 June will be reviewed annually each July in conjunction with annual reporting. Reviews will be conducted by the joint Chairs, in consultation with members and key stakeholders.

Last Modified: Wednesday, 27 June 2012


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