36 Charges estimate notice

36 Charges estimate notice

(1) If a person makes an access application to an agency or Minister, the agency or Minister must—

(a) consider whether a processing charge or access charge is payable in relation to the application; and

(b) if a processing charge or access charge is payable in relation to the application—give the applicant a charges estimate notice before the end of the processing period for the application.

(2) After receiving a charges estimate notice, the applicant may consult with the agency or Minister with a view to narrowing the application to reduce the applicable charges.

(3) If the applicant does not confirm, narrow or withdraw the access application within the prescribed period, the applicant is taken to have withdrawn the applicant’s application at the end of the prescribed period.

(4) If the applicant narrows the access application within the prescribed period, the agency or Minister must, before the end of the processing period for the application, give the applicant a new charges estimate notice.

(5) If the applicant does not confirm or withdraw the access application, as narrowed under subsection (4), within the prescribed period, the applicant is taken to have withdrawn the applicant’s application at the end of the prescribed period.

(6) Subsections (2) to (5) do not apply if a decision is made, under part 6, division 3, to waive charges.

(7) In this section—

charges estimate notice, for an access application, means a written notice stating the following details—

(a) if a request has been made to an agency or Minister for waiver of charges—the agency’s or Minister’s decision on whether charges will be waived under part 6, division 3;

(b) the agency’s or Minister’s estimate of the amount of any processing charge or access charge;

(c) the basis on which the estimate is made;

(d) the day the decision was made;

(e) the name and designation of the person making the decision;

(f) for a notice given under subsection (1)—the effect of subsections (2) and (3);

(g) for a notice given under subsection (4)—the effect of subsection (5);

(h) any rights of review under this Act in relation to the decision, the procedures to be followed for exercising the rights and the time within which an application for review must be made.

prescribed period—

1 The prescribed period is 20 business days from the date of the charges estimate notice or any longer period agreed under paragraph 2.

2 The applicant and the agency or Minister may agree to extend the prescribed period