29B Refusal to deal with application-previous application for same documents

(1) This section applies if an applicant applies to an agency or Minister (the later application) for access to documents that have been the subject of an earlier application made by the same applicant to the same agency or Minister (the earlier application).

(2) However, this section does not apply if the applicant withdrew the earlier application or the application was taken to be withdrawn under section 25A(5), 29A(5) or schedule 4, section 2.

(3) The agency or Minister may, to the extent the later application relates to documents sought under the earlier application, refuse to deal with the later application on a ground mentioned in subsection (4) if—

(a) the agency or Minister is satisfied the documents sought under the later application are the documents sought under the earlier application; and

(b) the later application has not disclosed any reasonable basis for again seeking access to the documents.

(4) The grounds are as follows—

(a) the agency's or Minister's decision on the earlier application—

(i) is the subject of a review under part 5 and the review is not complete; or

(ii) has been the subject of a completed review under part 5;

(b) when the later application was made, the agency or Minister had not decided whether to grant access to the documents under the earlier application;

(i) because the entity is not an agency for this Act; or

(ii) because of section 11 or 12 or another Act;

Note—
Schedule 3 lists provisions of other Acts that exclude or limit the operation of this Act—see section 11D.

(d) the agency or Minister has decided—

(i) this Act, or a part of this Act, does not apply to the documents because of section 11, 11A, 11B, 11C or 12 or another Act; or

(ii) access to the documents may be refused under section 22; or

(iii) the documents sought under the earlier application were exempt from disclosure;

Note—
Schedule 3 lists provisions of other Acts that exclude or limit the operation of this Act—see section 11D.

(e) the agency or Minister has decided the applicant is not entitled to access because of section 11E;

(f) the agency or Minister refused access to the documents under section 28A in relation to the earlier application.