Australian Capital Territory Current Acts

FREEDOM OF INFORMATION ACT 2016 - SECT 46

    (1)     Before refusing to deal with an access application on a ground mentioned in section 43 (1) (a), (b), (c), (e) or (f), the respondent must—

        (a)     tell the applicant, in writing, of—

              (i)     the intention to refuse to deal with the application; and

              (ii)     the ground for refusal; and

              (iii)     the period for consultation on the proposed refusal (the consultation period ); and

        (b)     give the applicant—

              (i)     a reasonable opportunity to consult with the respondent and to provide any additional information relevant to the application during the consultation period; and

              (ii)     any information that may assist the applicant make an application in a form that would remove the ground for refusal.

    (2)     After any consultation with the respondent, the applicant may give the respondent an amended application.

    (3)     If an amended application is given to the respondent under subsection (2), the original application is taken to have been made at the time the amended application is given.

    (4)     In this section:

"consultation period" means—

        (a)     the period of 10 working days starting on the day after the day the notice was given under subsection (1) (a); or

        (b)     any longer period agreed between the respondent and the applicant before or after the end of the 10 working days.