sec.38Transfer of application

### sec.38 Transfer of application An agency to which an application has been made (the original agency ) may transfer the application to another agency if— the document to which the application relates is not in the original agency’s possession but is, to the original agency’s knowledge, in the other agency’s possession; and the other agency consents to the transfer. An application that is transferred from 1 agency to another agency is taken to have been made to the other agency. If an application is made to an agency for access to 2 or more documents, at least 1 of which is a document mentioned in subsection (1) (a) , this section (other than subsections (4) and (5) ) applies to each of the documents as if separate applications had been made to the agency for each of the documents. If part of an application is transferred under this section and the transferred part of the application relates to a document that does not contain personal information of the applicant, a separate application fee is payable for the transferred part of the application. However, if the part of the application which is not transferred under this section relates only to a document that contains personal information of the applicant, subsection (4) applies only to the extent that there is a transfer to more than 1 agency. In this section— agency includes a Minister. application includes a purported application. s 38 amd 2017 No. 17 s 225 ; 2023 No. 32 s 97 (sec.38-ssec.1) An agency to which an application has been made (the original agency ) may transfer the application to another agency if— the document to which the application relates is not in the original agency’s possession but is, to the original agency’s knowledge, in the other agency’s possession; and the other agency consents to the transfer. (sec.38-ssec.2) An application that is transferred from 1 agency to another agency is taken to have been made to the other agency. (sec.38-ssec.3) If an application is made to an agency for access to 2 or more documents, at least 1 of which is a document mentioned in subsection (1) (a) , this section (other than subsections (4) and (5) ) applies to each of the documents as if separate applications had been made to the agency for each of the documents. (sec.38-ssec.4) If part of an application is transferred under this section and the transferred part of the application relates to a document that does not contain personal information of the applicant, a separate application fee is payable for the transferred part of the application. (sec.38-ssec.5) However, if the part of the application which is not transferred under this section relates only to a document that contains personal information of the applicant, subsection (4) applies only to the extent that there is a transfer to more than 1 agency. (sec.38-ssec.6) In this section— agency includes a Minister. application includes a purported application. - (a) the document to which the application relates is not in the original agency’s possession but is, to the original agency’s knowledge, in the other agency’s possession; and - (b) the other agency consents to the transfer.