Western Australian Current Acts

FREEDOM OF INFORMATION ACT 1992 - SECT 19

19 .         Notice given under s. 17(3) or 18, effect of on s. 13(1); applicant failing to respond to notice, effect of

        (1)         If the agency has given the applicant a notice under section 17(3) —

            (a)         the period commencing on the day on which the notice was given, and ending on the day on which the agency is notified that the applicant intends to proceed with the access application, is to be disregarded for the purposes of section 13(1); and

            (b)         if intention to proceed is not notified within 30 days (or such further time as the agency allows) after the day on which the notice was given, the applicant is to be regarded as having withdrawn the access application.

        (2)         If, under section 18(1) or (4), a notice requires the applicant to pay a deposit —

            (a)         the period commencing on the day on which the notice was given and ending on the day on which the deposit is paid is to be disregarded for the purposes of section 13(1); and

            (b)         if the deposit is not paid within 30 days (or such further time as the agency allows) after the day on which the notice was given, the applicant is to be regarded as having withdrawn the access application.

        (3)         Any period during which the requirement to pay a deposit is being reviewed is to be disregarded for the purposes of subsection (2)(b).

        (4)         If subsection (1)(b) or (2)(b) has effect, the agency has to refund to the applicant any unused portion of any advance deposit already paid in relation to the access application.