Page:Freedom of Information Act 1982 (Australia).pdf/24

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Freedom of InformationNo. 3, 1982

(2) The reference in sub-section (1) to the period that is, for the purposes of section 19, the prescribed period, in relation to a request, shall be read as a reference—

(a) unless paragraph (b) applies—to the period of 60 days commencing on the day on which the request made under section 19 was received by or on behalf of the agency to which or the Minister to whom it was made; or
(b) if, by virtue of regulations under sub-section 19 (2), another period is applicable in respect of the request—to that other period.

(3) For the purposes of sub-section (1), "relevant day", in relation to a request made by an applicant to whom a notification has been given under section 29 setting out the applicant's liability to pay a specified charge, is—

(a) in a case where the applicant pays the charge or such deposit on account of the charge as he is required to pay under the regulations (whether or not he first seeks a remission of the charge under section 30 or a review of the decision in respect of the charge under section 55)— the day on which that charge or that deposit is so paid;
(b) in a case where the applicant, having not paid the charge or deposit referred to in paragraph (a), makes application under section 30 for the total or partial remission of the charge—
(i) if a decision is made upon that application wholly to remit the charge—the day on which the applicant is notified, in pursuance of that section, of that decision; or
(ii) if a decision is made upon that application partially to remit the charge—the day on which the applicant pays the charge as so remitted or such deposit on account of the charge as so remitted as he is required to pay under the regulations; or
(c) in a case where the applicant, having not paid the charge or deposit referred to in paragraph (a), makes application to the Tribunal under section 55 for a review of the decision referred to in section 29—
(i) if a decision is made by the Tribunal setting aside the decision referred to in section 29—the day on which the applicant is notified by the Tribunal of that decision; or
(ii) if a decision is made by the Tribunal setting aside the decision referred to in section 29 and making another decision in substitution for that decision—the day on which the applicant pays the charge specified in the substituted decision or such deposit on account of that charge as he is required to pay under the regulations,

whichever day first occurs.