Commonwealth Consolidated Acts

FREEDOM OF INFORMATION ACT 1982 - SECT 31

             (1)  Where an applicant receives a notification under subsection 29(1) or (6) before the day on which the period of 30 days mentioned in paragraph 15(5)(b), or that period as extended under subsection 15(6), in relation to that request expires or, but for the operation of this subsection, would expire, being a notification to the effect that the applicant is liable to pay a specified charge in respect of that request, there shall be disregarded, in the computation of that period, each day occurring during the period commencing on the day on which that notification is received by the applicant and ending on the day that is, under subsection (3), the relevant day in relation to that request.

             (3)  For the purposes of subsection (1), relevant day , in relation to a request made by an applicant to whom a notification has been given under section 29 setting out the applicant's liability to pay a specified charge, is:

                     (a)  in a case where the applicant pays the charge or such deposit on account of the charge as the applicant is required to pay under the regulations (whether or not the applicant seeks to have the charge reduced or not imposed under section 29 or seeks a review of the decision in respect of the charge under section 55)--the day on which that charge or that deposit is so paid; or

                     (b)  in a case where the applicant, having not paid the charge or deposit referred to in paragraph (a), seeks to have the charge reduced or not imposed under section 29:

                              (i)  if a decision is made by the agency or Minister to reduce the charge--the day on which the applicant pays the charge as so reduced, or such deposit on account of the charge as so reduced as the applicant is required to pay under the regulations; or

                             (ii)  if a decision is made by the agency or Minister not to impose the charge--the day on which the applicant is notified of the decision; or

                    (ba)  in a case where the request concerned was made to an agency and the applicant, having not paid the charge or deposit referred to in paragraph (a), makes application to the agency under section 54 for a review of the decision to impose the payment of the charge:

                              (i)  if a decision is made by the agency setting aside the decision--the day on which the applicant is notified by the agency of that decision; or

                             (ii)  if a decision is made by the agency setting aside the decision and making another decision in substitution for that decision--the day on which the applicant pays the charge specified in the substituted decision, or such deposit on account of that charge as the applicant is required to pay under the regulations; or

                     (c)  in a case where the applicant, having not paid the charge or deposit referred to in paragraph (a), makes application to the Tribunal under section 55 for a review of the decision to impose the payment of a charge:

                              (i)  if a decision is made by the Tribunal setting aside that decision--the day on which the applicant is notified by the Tribunal of that decision; or

                             (ii)  if a decision is made by the Tribunal setting aside that decision and making another decision in substitution for that decision--the day on which the applicant pays the charge specified in the substituted decision or such deposit on account of that charge as he or she is required to pay under the regulations;

whichever day first occurs.