sec.78PPrevious application for same documents

### sec.78P Previous application for same documents This section applies if— an applicant makes an amendment application to an agency or Minister (the first application ); and 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. For subsection (1) (a) , the first application— does not include an amendment application taken to have been withdrawn under section 78O (4) ; and if an amendment application has been narrowed under section 78O —means only the application as changed. 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— when the later application was made, the agency or Minister had not decided the first application; or in relation to the first application— the applicant had been given notice under section 78T 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 the agency or Minister had decided that the application was for a document to which this chapter does not apply; or the agency or Minister had decided the document or documents sought to be amended were documents amendment of which was refused under section 78Q ; or the agency or Minister had refused to deal with it under this part; or the agency’s or Minister’s decision on the first application— is the subject of a review and the review is not complete; or has been the subject of a completed review (other than an internal review). For subsection (3) (c) — review means an internal review, an external review or a proceeding under chapter 3B , part 4 ; and 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. s 78P ins 2023 No. 32 s 105 (sec.78P-ssec.1) This section applies if— an applicant makes an amendment application to an agency or Minister (the first application ); and 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. (sec.78P-ssec.2) For subsection (1) (a) , the first application— does not include an amendment application taken to have been withdrawn under section 78O (4) ; and if an amendment application has been narrowed under section 78O —means only the application as changed. (sec.78P-ssec.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— when the later application was made, the agency or Minister had not decided the first application; or in relation to the first application— the applicant had been given notice under section 78T 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 the agency or Minister had decided that the application was for a document to which this chapter does not apply; or the agency or Minister had decided the document or documents sought to be amended were documents amendment of which was refused under section 78Q ; or the agency or Minister had refused to deal with it under this part; or the agency’s or Minister’s decision on the first application— is the subject of a review and the review is not complete; or has been the subject of a completed review (other than an internal review). (sec.78P-ssec.4) For subsection (3) (c) — review means an internal review, an external review or a proceeding under chapter 3B , part 4 ; and 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. - (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. - (a) does not include an amendment application taken to have been withdrawn under section 78O (4) ; and - (b) if an amendment application has been narrowed under section 78O —means only the application as changed. - (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 78T 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 78Q ; or (iv) the agency or Minister had refused to deal with it under this part; or - (i) the applicant had been given notice under section 78T 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 78Q ; 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). - (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). - (i) the applicant had been given notice under section 78T 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 78Q ; or - (iv) the agency or Minister had refused to deal with it under this part; or - (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). - (a) review means an internal review, an external review or a proceeding under chapter 3B , part 4 ; and - (b) 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.