46 Deemed decision on access application

(1) If an applicant is not given written notice of the decision by the end of the processing period for an access application for a document—

(a) on the last day of the processing period the principal officer of the agency or the Minister is taken to have made a decision (a deemed decision) refusing access to the document; and

(b) the application fee must be refunded as soon as practicable after the end of the processing period.

(2) As soon as practicable after a deemed decision is taken to have been made, the principal officer or Minister must give prescribed written notice of the decision to the applicant.