40Deciding access—time to decide

40 Deciding access—time to decide (1) A respondent to an access application must decide the application not later than 30 working days after the day of receiving the application. (2) The period under subsection (1) is extended by— (a) if the respondent consults with a relevant third party under section 38—15 working days; or (b) if the respondent makes a clarification request under section 34 (3)—the number of working days the applicant takes to respond to the clarification request; or (c) if the respondent gives notice to the applicant under section 46 (1) (a)—the consultation period under section 46 (4) for the application; or (d) if the respondent contacts the applicant under section 106 (2)— the number of working days the applicant takes to confirm or vary the application; or (e) if the applicant makes an application to the agency or Minister to waive a fee under section 107—the number of working days the agency or Minister takes to decide the waiver application; or (f) if the period includes 1 or more Christmas shutdown days—the number of Christmas shutdown days. Example—par (b) The respondent receives an access application on 1 February. The respondent contacts the applicant to clarify an aspect of the application and the applicant gives the respondent an answer 10 working days later. The respondent must decide the application not later than 40 working days after 1 February, being the 30 working days allowed under section 40 (1) plus the 10 working days the applicant took to answer the clarification request. Christmas shutdown day means a working day that falls on 27, 28, 29, 30 or 31 December in a year.