Overview of section 18 RTI Act/section 22 IP Act

Section summary

The 'processing period' in which an agency must deal with an application is 25 business days from the day an application is received. However section 18(2) of the RTI Act and section 22(2) of the IP Act outline certain periods of time that may not count as part of this 'processing period'.

Other relevant RTI/IP Act sections

Section 35 RTI Act; section 55 IP Act
Under these sections, an agency or Minister may request from the applicant further time to deal with an application at any time before the end of the processing period.

Section 36 RTI Act
Section 36 of the RTI Act concerns charges estimate notices. Section 18 of the RTI Act defines the 'revision period', which starts on the date of the first charges estimate notice and ends on the day the applicant confirms the application or narrows the application. There is no equivalent section under the IP Act because no processing charges are payable under the IP Act.

Section 37 RTI Act; section 56 IP Act
These sections concern consultation with a relevant third party and affect the 'processing period'.

Section 38 RTI Act; section 57 IP Act
These sections deal with the transfer of an application received by one agency, to another agency.

Section 41 RTI Act; section 60 IP Act
Section 41 of the RTI Act and section 60 of the IP Act outline grounds on which an agency or Minister may refuse to deal with an application because of the effect it would have on an agency or Minister's functions.

Section 42 RTI Act; section 61 IP Act
If an agency or Minister refuses to deal with an application under section 41 of the RTI Act or section 60 of the IP Act, a notice must be sent to the applicant under section 42(1) of the RTI Act or section 61(1) of the IP Act advising that the applicant may consult with the agency to revise the terms of their application.

Last updated: March 16, 2012