Victorian Numbered Acts Victorian Numbered Acts(1) In the heading to section 49L of the Principal Act, after " agency " insert " or Minister ".
(2) In section 49L of the Principal Act, for "Freedom of Information Commissioner" (wherever occurring) substitute "Information Commissioner".
(3) For section 49L(1) of the Principal Act substitute —
"(1) This section applies if—
(a) the Information Commissioner has done any of the following—
(i) made preliminary inquiries under section 49K;
(ii) required an agency or Minister to conduct a sampling search under section 49KA(2)(a), or a further search under section 49KA(2)(b);
(iii) issued a notice to produce or attend; and
(b) it appears to the Information Commissioner reasonably likely that the agency or Minister will be able to make a fresh decision in a way that is satisfactory to the applicant and in accordance with law.
(1A) The Information Commissioner, with the agreement of the applicant, may refer the matter that is the subject of the application back to the agency or Minister for reconsideration in accordance with this section.".