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INFORMATION PRIVACY ACT 2009 - SECT 61
Prerequisites before refusal because of effect on functions
61 Prerequisites before refusal because of effect on functions
(1) An agency or Minister may refuse to deal with an access or amendment
application under section 60 only if— (a) the agency or Minister has given
the applicant a written notice— (i) stating an intention to refuse to deal
with the application; and
(ii) advising that, for the
prescribed consultation period for the notice, the applicant may consult with
the agency or Minister with a view to making an application in a form that
would remove the ground for refusal; and
(iii) stating the effect of
subsections (2) to (6) ; and
(b) the agency or Minister has given the
applicant a reasonable opportunity to consult with the agency or Minister; and
(c) the agency or Minister has, as far as is reasonably practicable, given the
applicant any information that would help the making of an application in a
form that would remove the ground for refusal.
(2) Following any
consultation, the applicant may give the agency or Minister written notice
either confirming or narrowing the application.
(3) If the application is
narrowed, section 60 applies in relation to the changed application but this
section does not apply to it.
(4) If the applicant fails to consult after
being given notice under subsection (1) , the applicant is taken to have
withdrawn the application at the end of the prescribed consultation period.
(5) Without limiting subsection (4) , the applicant is taken to have failed to
consult if, by the end of the prescribed consultation period, the applicant
has not given the named officer or member written notice under subsection (2)
.
(6) In this section—
"prescribed consultation period" , for a written notice under subsection (1)
(a) , means— (a) the period of 10 business days after the date of the
notice; or
(b) the longer period agreed by the agency or Minister and the
applicant whether before or after the end of the 10 business days mentioned in
paragraph (a) .
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