An Annex to the Memorandum of Understanding on the collaborative working relationships between
Australian Customs and Border Protection Service and the
Department of Agriculture, Fisheries and Forestry
1.1 This Annex is made in accordance with clause 10 of the Memorandum of Understanding (Memorandum) between the Australian Customs and Border Protection Service (Customs and Border Protection) and the Department of Agriculture, Fisheries and Forestry (DAFF).
1.2 The Parties view this Annex as:
- not intending to create any legally binding obligations; and
- an opportunity to ensure that there is a nationally consistent approach to their working relationship on specific matters outlined in this Annex.
2.1 This Annex sets out the governing principles for the Parties to:
identify new and ongoing opportunities to share and leverage Information and Communications Technology (ICT) solutions to support each agency’s operations;
enable business processes through ICT within and across both agencies, to automate processes and improve client interfaces; and
manage access, use of resources and changes to shared IT systems.
3.1 This Annex provides the basis for the collaborative working relationship between the Parties in relation to ICT.
3.2 ICT within Customs and Border Protection and DAFF supports business processes and operations.
3.3 Customs and Border Protection and DAFF will further strengthen the collaborative efforts in the ICT environment by:
promoting efficient and effective use of resources;
leveraging capability from both agencies, including systems that are already in use;
identifying new opportunities for collaboration between both agencies in regards to shared ICT to jointly achieve business outcomes and efficiencies; and
promoting an approach that supports agreed working relationships where shared ICT requires access to and use by officers from both agencies.
4.1 The Parties recognise that it is in their mutual interest to explore opportunities to leverage and maximise the benefits for each Party in relation to the development or procurement of major technology or technology tools and capabilities. The Parties therefore agree as follows:
In progressing or initiating ICT initiatives likely to affect or benefit both Parties, the Parties shall consult each other when considering the development of new platforms, systems and applications at the conceptual stage through to development of uses and business cases as well as funding proposals; and
Where either Party is considering Significant ICT procurement, it will consult with the other with the intention of mutually benefiting through leverage and economies of scale.
4.2 The Parties are not required to consult with each other where:
A proposed procurement or new development is likely to only affect one Party or has no identifiable benefit to the other;
Mandatory Commonwealth procurement arrangements or guidelines prescribe a single procurement option that does not allow for any shared benefits between the Parties (for example, the mandatory panels); or
The Parties are already committed to a procurement under a contractual arrangement made before the commencement of this Annex.
4.3 Pre-existing agreements between the Parties relating to ICT development, procurement or applications that support or complement this Annex will continue to apply unless:
they conflict with this Annex; or
they have expired or ceased to be operative.
Governance and Reporting
5.1 The DAFF - Customs and Border Protection Strategic Working Group (SWG) will oversight the implementation of the obligations under this Annex and all joint ICT arrangements.
5.2 The SWG shall determine the arrangements for both Parties to discuss and report on matters covered by this Annex with respect to general arrangements as well as specific arrangements for specific issues. These arrangements may include the creation of working parties on specific issues.
5.3 Proposals for shared ICT that have policy or operational implications for the Parties will be submitted to the SWG for endorsement.
5.4 Customs and DAFF ICT officials will meet quarterly, or as necessary, to discuss, develop and evaluate opportunities for collaboration.
5.5 The Parties will jointly inform the SWG on discussions and the progress of matters formally covered by this Annex through:
Progress reports on joint projects and/or working parties of the SWG;
Reports on changes to and implementation of joint ICT arrangements; and
Other means as determined by the SWG.
6.1 In accordance with clause 9 of the Memorandum, the Parties agree that each will bear their own costs in fulfilling their commitments under this Annex except where a prior written agreement has been reached by both Parties as to their sharing or apportionment.
7.1 The Parties may, either jointly or independently, develop Procedural Material that are consistent with this Annex.
7.2 Where the creation or modification of any Procedural Material by one Party may affect the other Party, Customs and Border Protection and DAFF will consult with each other and discuss any concerns to allow for the efficient operation of both Parties.
8.1 Each Party may raise matters relevant to ICT sharing with the following nominated contacts:
Customs and Border Protection –
The Chief Information and Knowledge Officer
Tel: (02) 6275 5695; Fax: (02) 6275 6422.
The Chief Information Officer
Tel: (02) 6272 3334
Review of Annex
9.1 The Parties will review the operation of this Annex three (3) years after commencement or at such other time as mutually determined by the Parties to assess the suitability of arrangements under this Annex.
Unless the contrary intention appears, a term used in this Annex has the meaning shown in the table below:
means this Annex made in accordance with the Memorandum;
means the Commonwealth of Australia;
Significant ICT procurement
means a procurement which is valued at or above $80 000, inclusive of the Goods and Services Tax (GST);
means the Memorandum of Understanding on the collaborative working relationship between the Australian Customs and Border Protection Service and the Department of Agriculture, Fisheries and Forestry signed on 21 July 2011; and
includes Standard Operating Procedures, Instructions and Guidelines or Business Practice Statements or any procedural material made in accordance with this Annex.
11.1 This Annex commences, unless otherwise specified, on:
the date it is signed by both Parties; or
the date the last Party signs, where the Parties do not sign this Annex on the same day.
Modification and Termination
12.1 This Annex can be modified or terminated by a written agreement signed by the Chief Executive Officer of Customs and Border Protection and the Secretary of DAFF or their delegates.
12.2 Unless otherwise specified, a modification or termination:
takes effect from the date the last Party signs the modification or termination; and
has no effect unless endorsed in accordance with this clause.
SIGNED at Canberra
for and on behalf of the
Customs and Border Protection Service by
Chief Information and Knowledge Officer
SIGNED at Canberra
for and on behalf of the
Department of Agriculture,
Fisheries and Forestry by
- Chief Information Officer on
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Versions “0” are draft versions.
Versions “1” are versions forwarded to the CEO for approval.
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