63Deemed refusal if application not decided within time

#### 63 Deemed refusal if application not decided within time 63 Deemed refusal if application not decided within time > > (1) If an agency does not decide an access application within time, the agency is deemed to have decided to refuse to deal with the application and any application fee paid by the applicant is to be refunded. > > > > Note. > > > > A deemed decision to refuse to deal with an application is reviewable under Part 5. > > > (2) The deemed refusal to deal with an application does not prevent the agency from continuing to deal with the application and subsequently deciding the application and giving notice of its decision (a late decision) on the application. > > > (3) The obligation to refund an application fee to the applicant is not affected by the making of the late decision and the late decision does not entitle the agency to payment of an application fee. > > > (4) No processing charge can be imposed for dealing with an access application if the application was not decided within time (whether or not a late decision is made on the application). > > > (5) Despite this section, the obligation to refund an application fee to the applicant does not apply to any application that was transferred to or from the agency. > > **s 63:** Am 2018 No 89, Sch 1 \[22\].