Australian Capital Territory Numbered Acts

FREEDOM OF INFORMATION ACT 2016 (NO. 55 OF 2016) - SECT 39

    (1)     If a respondent does not decide an access application within the time allowed under section 40 or extended under section 41 or section 42, the respondent—

        (a)     is taken to have decided to refuse to give access to the government information applied for; and

        (b)     must refund any fee paid by the applicant relating to the application; and

        (c)     must give written notice to the ombudsman that a decision relating to the application was not made within time.

    (2)     However, the respondent may continue to deal with the application and give notice of a decision on the application.

    (3)     If notice is given to the ombudsman under subsection (1) (c), the relevant Minister must ensure that a copy of the notice is presented to the Legislative Assembly within 3 sitting days after the day it is given to the ombudsman.

    (4)     In this section:

"relevant Minister" means—

        (a)     for a notice relating to an access application for which a Minister is the respondent—the Minister; or

        (b)     for a notice relating to an access application for which an agency is the respondent—the Minister responsible for the agency.