53 Noncompliance with application requirement

(1) This section applies if—

(a) a person purports to make an access or amendment application for a document to an agency or Minister; and

(b) the application does not comply with all relevant application requirements for the application.

(2) The agency or Minister must make reasonable efforts to contact the person within 15 business days after the purported application is received and inform the person how the application does not comply with a relevant application requirement.

(3) An agency or Minister must not refuse to deal with an application because it does not comply with all relevant application requirements without first giving the applicant a reasonable opportunity to consult with a view to making an application in a form complying with all relevant application requirements.

(4) The applicant is taken to have made an application under this Act if and when the application is made in a form complying with all relevant application requirements.

(5) Subsection (4) does not limit section 52.

(6) If, after giving the opportunity mentioned in subsection (3) and any consultation, an agency or Minister decides the application does not comply with all relevant application requirements, the agency or Minister must, within 10 business days after making the decision, give the applicant prescribed written notice of the decision.

(7) In this section—

relevant application requirement means—

(a) for an access application—a matter set out in section 43(2) or (3) that is required for the application; or

(b) for an amendment application—a matter set out in section 44(4) and (5) that is required for the application.