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INFORMATION PRIVACY ACT 2009 - SECT 63
Previous application for same documents—amendment application
63 Previous application for same documents—amendment application
(1) This section applies if— (a) an applicant makes an amendment application
to an agency or Minister (the
"first application" ); and
(b) the applicant makes another amendment
application (the
"later application" ) to the same agency or Minister for amendment of 1 or
more of the same documents sought to be amended under the first application
and the later application does not, on its face, disclose any reasonable basis
for again seeking the amendment of the document or documents.
(2) For
subsection (1) (a) , the first application— (a) does not include an
amendment application taken to have been withdrawn under section 61 (4) ; and
(b) if an amendment application has been narrowed within the meaning of
section 61 —means only the application as changed.
(3) The agency or
Minister may refuse to deal with the later application to the extent it is for
amendment of a document or documents sought to be amended, under the
first application if— (a) when the later application was made, the agency or
Minister had not decided the first application; or
(b) in relation to the
first application— (i) the applicant had been given notice under section 73
that amendment was to be allowed for the document sought to be amended or for
some or all of the documents sought to be amended; or
(ii) the agency or
Minister had decided that the application was for a document to which this
chapter does not apply; or
(iii) the agency or Minister had decided the
document or documents sought to be amended were documents amendment of which
was refused under section 72 ; or
(iv) the agency or Minister had refused to
deal with it under this part; or
(c) the agency’s or Minister’s decision
on the first application— (i) is the subject of a review and the review is
not complete; or
(ii) has been the subject of a completed review (other than
an internal review).
(4) For subsection (3) (c) ,
"review" means— (a) an internal review; or
(b) an external review; or
(c)
a proceeding under part 11 .
(5) For subsection (3) (c) , a review is
complete if the review has ended because of an informal resolution or because
of a decision of the entity conducting the review.
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