Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) A reference in part 7 to a "request" includes a reference to a request under section 48 but, for the application of that part to a request made under that section—
(a) section 59 has effect as if all the words in subsection (1) of that section after ‘agency' (second mention) and before ‘the applicant' (second mention) were omitted; and
(b) the reference in section 60 (1) (a) to a decision refusing to grant access to a document shall be read as a reference to a decision refusing to amend a record; and
(c) section 61 (1) (a) has effect as if ‘in accordance with section 18' were omitted; and
(d) section 61 (1) (b) has effect as if ‘referred to in that section' were omitted and ‘since the day on which the request was received by or on behalf of the agency or Minister' were substituted; and
(e) the reference in section 61 (1) to a decision refusing to grant access to a document shall be read as a reference to a decision refusing to amend a record; and
(f) the reference in section 61 (3) to a decision refusing to grant access to a document shall be read as a reference to a decision refusing to amend a record; and
(g) the reference in section 61 (5) to a decision to grant, without deferment, access to a document shall be read as a reference to a decision to amend a record.
(2) Where—
(a) an agency or Minister refuses to amend a record pursuant to a request under section 48; and
(b) the claimant makes an application to the ACAT for a review of the decision; and
(c) the ACAT affirms the decision;
the claimant may, by notice in writing, require the agency or Minister to add to the record a notation—
(d) specifying the respects in which the information is claimed to be incomplete, incorrect, out-of-date or misleading; and
(e) if the information is claimed to be out-of-date—setting out such information as is claimed to be required to bring up-to-date or complete the information.
(3) Section 49 (1) (c) applies to a notice under subsection (2) in like manner as it applies to a request under section 48.
(4) Where a notice is given to an agency or Minister under subsection (2)—
(a) the agency or Minister shall ensure that a notation as required by the notice is added to the record; and
(b) if any information in the part of the record to which the notation relates is disclosed to a person (including another agency or Minister) by the agency or Minister, the agency or Minister shall ensure that there is also given to that person, with the document containing the information, a statement—
(i) stating that the person to whom the information relates claims that the information is incomplete, incorrect, out-of-date or misleading, as the case may be; and
(ii) giving particulars of the notation;
and may, if the agency or Minister considers it appropriate to do so, include in the statement the reasons of the agency or Minister for not amending the part of the record from which the information is taken.