(1) The agency may
advise the applicant, by written notice, that it is not possible to give
access to a document if —
reasonable steps have been taken to find the document; and
agency is satisfied that the document —
is in the agency’s possession but cannot be found;
does not exist.
(2) For the purposes
of this Act the sending of a notice under subsection (1) in relation to a
document is to be regarded as a decision to refuse access to the document, and
on a review or appeal under Part 4 the agency may be required to conduct
further searches for the document.