Commonwealth Numbered Acts

FREEDOM OF INFORMATION ACT 1982 No. 3 of 1982 - SECT 31

31. (1) Where an applicant receives a notification under section 29 before the
day on which the period that is, for the purposes of section 19, the
prescribed period in relation to the request made by him expires or, but for
the operation of this sub-section, would expire, being a notification to the
effect that the applicant is liable to pay a specified charge in respect of
that request, there shall be disregarded, in the computation of that
prescribed period, each day occurring during the period commencing on the day
on which that notification is received by the applicant and ending on the day
that is, under sub-section (3), the relevant day in relation to that request.

(2) The reference in sub-section (1) to the period that is, for the purposes
of section 19, the prescribed period, in relation to a request, shall be read
as a reference -

   (a)  unless paragraph (b) applies - to the period of 60 days commencing on
the day on which the request made under section 19 was received by or
on behalf of the agency to which or the Minister to whom it was made;
or

   (b)  if, by virtue of regulations under sub-section 19 (2), another period
        is
applicable in respect of the request - to that other period.
(3) For the purposes of sub-section (1), "relevant day", in relation to a
request made by an applicant to whom a notification has been given under
section 29 setting out the applicant's liability to pay a specified charge, is
-

   (a)  in a case where the applicant pays the charge or such deposit on
account of the charge as he is required to pay under the regulations
(whether or not he first seeks a remission of the charge under section 30
or a review of the decision in respect of the charge under section 55) -
the day on which that charge or that deposit is so paid;

   (b)  in a case where the applicant, having not paid the charge or deposit
referred to in paragraph (a), makes application under section 30 for
the total or partial remission of the charge -

        (i)    if a decision is made upon that application wholly to remit the
charge - the day on which the applicant is notified, in pursuance
of that section, of that decision; or

        (ii)   if a decision is made upon that application partially to remit
               the
charge - the day on which the applicant pays the charge as so
remitted or such deposit on account of the charge as so remitted
as he is required to pay under the regulations; or

   (c)  in a case where the applicant, having not paid the charge or deposit
        referred to in paragraph (a), makes application to the Tribunal under
        section  55 for a review of the decision referred to in section 29 -

        (i)    if a decision is made by the Tribunal setting aside the
               decision
referred to in section 29 - the day on which the applicant is
notified by the Tribunal of that decision; or

        (ii)   if a decision is made by the Tribunal setting aside the
               decision
referred to in section 29 and making another decision in
substitution for that decision - the day on which the applicant
pays the charge specified in the substituted decision or such
deposit on account of that charge as he is required to pay under
the regulations, whichever day first occurs.