124 Notification requirement after deemed decision

(1) Sections 34 and 58(2) do not apply, and are taken never to have applied, in relation to a decision an agency’s principal officer or a Minister is taken to have made under section 27(5) or 57(2) before the commencement of this section.

(2) However, if the decision is taken to have been made not more than 28 days before the commencement of this section, the agency’s principal officer or the Minister must give written notice to the applicant—

(a) stating the decision taken to have been made under section 27(5) or 57(2) (the deemed decision); and

(b) specifying—

(i) the day on which the deemed decision was taken to have been made; and

(ii) the right of review conferred by part 5 in relation to the deemed decision; and

(iii) the procedures to be followed for exercising the right; and

(iv) the time within which an application for review must be made.

(3) Subsection (2) does not apply in relation to a deemed decision for an application (the original application) if, before the commencement of this section—

(a) the agency or the Minister advised the applicant that the applicant could make another application in the same terms as, or in similar terms to, the original application; and

(b) the applicant made another application in those terms.