Victorian Current Acts Victorian Current ActsS. 49M(1) amended by No. 20/2017 s. 35(2)(3).
(1) During a review under this Division, an agency may notify in writing the Information Commissioner and the applicant that the agency is reconsidering the matter that is the subject of the review at the agency's or Minister's own initiative and, if so, the agency or Minister may make a fresh decision.
S. 49M(2) amended by No. 20/2017 s. 35(3).
(2) The fresh decision must be made within 28 days after the notification under subsection (1) unless the agency or Minister and the Information Commissioner agree in writing to another period.
S. 49M(3) amended by No. 20/2017 s. 35(3).
(3) The required period for completing the review under section 49J is suspended from the time the agency or Minister notifies the Information Commissioner under subsection (1).
S. 49M(4) amended by No. 20/2017 s. 35(3).
(4) The agency or Minister must notify the Information Commissioner within 3 business days after the end of the period referred to in subsection (2) that—
(a) a fresh decision has been made; or
(b) a fresh decision has not been made.
S. 49M(5) amended by No. 20/2017 s. 35(3)(b).
(5) If the agency or Minister makes a fresh decision, the agency or Minister must—
(a) revoke the earlier decision; and
(b) inform the applicant, when notifying them of the fresh decision, of the requirements of subsection (6) and the effect of subsection (7).
S. 49M(6) amended by No. 20/2017 s. 35(3).
(6) Within 28 days after being notified of the fresh decision by the agency or Minister, the applicant must advise the Information Commissioner in writing whether the applicant agrees or does not agree with the decision.
S. 49M(7) amended by No. 20/2017 s. 35(3)(a).
(7) If the applicant fails to advise the Information Commissioner under subsection (6) within the period specified in that subsection, the applicant is taken to agree with the fresh decision.
S. 49M(8) amended by No. 20/2017 s. 35(3)(b).
(8) An agency or Minister may make a fresh decision under this section only once during a review under this Division.
S. 49M(9) inserted by No. 20/2017 s. 35(4).
(9) This section applies whether or not the Information Commissioner gives a notice under section 49KA or issues a notice to produce or attend.
S. 49MA inserted by No. 59/2014 s. 14.