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INFORMATION PRIVACY ACT 2009 - SECT 53
Noncompliance with application requirement
53 Noncompliance with application requirement
(1) This section applies if— (a) a person purports to make an access or
amendment application for a document to an agency or Minister; and
(b) the
application does not comply with all relevant application requirements for the
application.
(2) The agency or Minister must make reasonable efforts to
contact the person within 15 business days after the purported application is
received and inform the person how the application does not comply with a
relevant application requirement.
(3) An agency or Minister must not refuse
to deal with an application because it does not comply with all
relevant application requirements without first giving the applicant a
reasonable opportunity to consult with a view to making an application in a
form complying with all relevant application requirements.
(4) The applicant
is taken to have made an application under this Act if and when the
application is made in a form complying with all
relevant application requirements.
(5) Subsection (4) does not limit
section 52 .
(6) If, after giving the opportunity mentioned in subsection (3)
and any consultation, an agency or Minister decides the application does not
comply with all relevant application requirements, the agency or Minister
must, within 10 business days after making the decision, give the applicant
prescribed written notice of the decision.
(7) In this section—
"relevant application requirement" means— (a) for an access application—a
matter set out in section 43 (2) or (3) that is required for the application;
or
(b) for an amendment application—a matter set out in section 44 (4) and
(5) that is required for the application.
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