sec.86AExternal review during processing period

### sec.86A External review during processing period This section applies if— an agency or Minister has asked the applicant for an access or amendment application for a further specified period to consider the application under section 18 (2) ; and the processing period for the application disregarding the further specified period has ended; and the further specified period has not ended; and the agency or Minister has not given the applicant written notice of a decision on the application. The applicant may apply for external review as if— the processing period for the access or amendment application does not include the further specified period; and the agency’s principal officer or the Minister has made a deemed decision at the end of the processing period mentioned in paragraph (a) ; and the applicant has been given written notice of the deemed decision at the end of the processing period mentioned in paragraph (a) . If the applicant applies for an external review under subsection (2) — the agency’s principal officer or the Minister is taken to have made a deemed decision at the end of the processing period mentioned in subsection (2) (a) ; and this Act applies in relation to the deemed decision as if it were a deemed decision under section 46 or 78R — subject to subsections (4) and (5) ; and with any necessary changes. Any application fee paid for an access application the subject of the deemed decision must be refunded as soon as practicable after the information commissioner informs the agency or Minister of the external review application. The agency’s principal officer or the Minister need not give prescribed written notice of the deemed decision to the applicant. s 86A ins 2023 No. 32 s 114 (sec.86A-ssec.1) This section applies if— an agency or Minister has asked the applicant for an access or amendment application for a further specified period to consider the application under section 18 (2) ; and the processing period for the application disregarding the further specified period has ended; and the further specified period has not ended; and the agency or Minister has not given the applicant written notice of a decision on the application. (sec.86A-ssec.2) The applicant may apply for external review as if— the processing period for the access or amendment application does not include the further specified period; and the agency’s principal officer or the Minister has made a deemed decision at the end of the processing period mentioned in paragraph (a) ; and the applicant has been given written notice of the deemed decision at the end of the processing period mentioned in paragraph (a) . (sec.86A-ssec.3) If the applicant applies for an external review under subsection (2) — the agency’s principal officer or the Minister is taken to have made a deemed decision at the end of the processing period mentioned in subsection (2) (a) ; and this Act applies in relation to the deemed decision as if it were a deemed decision under section 46 or 78R — subject to subsections (4) and (5) ; and with any necessary changes. (sec.86A-ssec.4) Any application fee paid for an access application the subject of the deemed decision must be refunded as soon as practicable after the information commissioner informs the agency or Minister of the external review application. (sec.86A-ssec.5) The agency’s principal officer or the Minister need not give prescribed written notice of the deemed decision to the applicant. - (a) an agency or Minister has asked the applicant for an access or amendment application for a further specified period to consider the application under section 18 (2) ; and - (b) the processing period for the application disregarding the further specified period has ended; and - (c) the further specified period has not ended; and - (d) the agency or Minister has not given the applicant written notice of a decision on the application. - (a) the processing period for the access or amendment application does not include the further specified period; and - (b) the agency’s principal officer or the Minister has made a deemed decision at the end of the processing period mentioned in paragraph (a) ; and - (c) the applicant has been given written notice of the deemed decision at the end of the processing period mentioned in paragraph (a) . - (a) the agency’s principal officer or the Minister is taken to have made a deemed decision at the end of the processing period mentioned in subsection (2) (a) ; and - (b) this Act applies in relation to the deemed decision as if it were a deemed decision under section 46 or 78R — (i) subject to subsections (4) and (5) ; and (ii) with any necessary changes. - (i) subject to subsections (4) and (5) ; and - (ii) with any necessary changes. - (i) subject to subsections (4) and (5) ; and - (ii) with any necessary changes.