New South Wales Consolidated Acts

FREEDOM OF INFORMATION ACT 1989 - SECT 22

22 Agencies may refuse to continue to deal with applications if advance deposit not paid

(3) An agency may refuse to continue dealing with an application if:

(a) it has requested payment of an advance deposit in relation to the application, and

(b) payment of the deposit has not been made within the period of time specified in the request.

(4) If an agency refuses to continue dealing with an application under subsection (3):

(a) it shall refund to the applicant such part of the advance deposits paid in respect of the application as exceeds the costs incurred by the agency in dealing with the application, and

(b) it may retain the remainder of those deposits.

(5) An agency that refuses to continue to deal with an application under this section must forthwith cause written notice of that fact to be given to the applicant.

(6) A refusal to continue to deal with an application under this section is taken to be a determination that is subject to internal review under Part 3 and external review under Part 5, and the provisions of those Parts apply accordingly.