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INFORMATION PRIVACY ACT 2009 - SECT 63 Previous application for same documents—amendment application

INFORMATION PRIVACY ACT 2009 - SECT 63

Previous application for same documents—amendment application

63 Previous application for same documents—amendment application

(1) This section applies if—
(a) an applicant makes an amendment application to an agency or Minister (the
"first application" ); and
(b) the applicant makes another amendment application (the
"later application" ) to the same agency or Minister for amendment of 1 or more of the same documents sought to be amended under the first application and the later application does not, on its face, disclose any reasonable basis for again seeking the amendment of the document or documents.
(2) For subsection (1) (a) , the first application
(a) does not include an amendment application taken to have been withdrawn under section 61 (4) ; and
(b) if an amendment application has been narrowed within the meaning of section 61 —means only the application as changed.
(3) The agency or Minister may refuse to deal with the later application to the extent it is for amendment of a document or documents sought to be amended, under the first application if—
(a) when the later application was made, the agency or Minister had not decided the first application; or
(b) in relation to the first application
(i) the applicant had been given notice under section 73 that amendment was to be allowed for the document sought to be amended or for some or all of the documents sought to be amended; or
(ii) the agency or Minister had decided that the application was for a document to which this chapter does not apply; or
(iii) the agency or Minister had decided the document or documents sought to be amended were documents amendment of which was refused under section 72 ; or
(iv) the agency or Minister had refused to deal with it under this part; or
(c) the agency’s or Minister’s decision on the first application
(i) is the subject of a review and the review is not complete; or
(ii) has been the subject of a completed review (other than an internal review).
(4) For subsection (3) (c) ,
"review" means—
(a) an internal review; or
(b) an external review; or
(c) a proceeding under part 11 .
(5) For subsection (3) (c) , a review is complete if the review has ended because of an informal resolution or because of a decision of the entity conducting the review.