54C What an agency or Minister must do before refusing to deal with application under s 54B
(1) The agency or Minister may refuse to deal with the application, or all the applications, under section 54B only if—
(a) the agency or Minister has given the applicant a written notice—
(i) stating an intention to refuse to deal with the application or all the applications; and (ii) advising that, for a consultation period, the applicant may consult with a stated officer of the agency or a stated member of the staff of the Minister with a view to making an application or applications in a form that would remove the ground for refusal; and
(iii) advising that the consultation period ends 21 days after the day the applicant is given the notice; and
(iv) stating the effect of subsections (2), (3), (4), (5), (6) and (7); and
(b) the agency or Minister has given the applicant a reasonable opportunity to consult with the officer or member; and
(c) the agency or Minister has, as far as is reasonably practicable, provided the applicant with any information that would help the making of an application or applications in a form that would remove the ground for refusal.
(2) During consultation, the applicant and officer or member may agree on a different period to the period mentioned in section 57 for notification of the decision in relation to the application or any of the applications.
(3) Following consultation, the applicant may give the officer or member written notice either confirming or altering the application or any of the applications.
Examples of alterations—
- an alteration of the documents to which the application relates
- an alteration of the application to state that the period for notification of the decision in relation to the application is to be the period agreed with the officer or member rather than the period mentioned in section 57
(4) If the application is altered, section 54B applies in relation to the altered application but the other provisions of this section do not apply to it.
(5) If the applicant fails to consult after being given notice under subsection (1)(a), the applicant is taken to have withdrawn the application or all of the applications.