106 Applications where decision delayed

(1) This section applies if—

(a) an application is made to the information commissioner for external review of a deemed decision in relation to an access or amendment application; and

(b) the agency or Minister applies to the commissioner to allow the agency or Minister further time to deal with the access or amendment application.

(2) The commissioner may allow the agency or Minister further time to deal with the access or amendment application subject to the conditions the commissioner considers appropriate,including a condition that the applicable access charge must be reduced or waived.

(3) If the agency or Minister does not deal with the access or amendment application and give the applicant for external review prescribed written notice of a considered decision within the further time, the agency's principal officer or the Minister is taken, for the purpose of enabling a fresh external review application to be made, to have made, on the last day of the further time, a decision affirming the deemed decision.