sec.86BExternal review during internal review processing period

### sec.86B External review during internal review processing period This section applies if— an agency or Minister has asked an applicant for internal review for a further specified period to consider the applicant’s internal review application under section 82A (2) ; and the internal review 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 for internal review may apply for external review as if— the internal review processing period for the internal review application does not include the further specified period; and the agency’s principal officer or the Minister has made a decision affirming the original decision at the end of the internal review processing period mentioned in paragraph (a) ; and the applicant has been given written notice of the decision affirming the original decision at the end of the internal review processing period mentioned in paragraph (a) . If the applicant for internal review applies for an external review under subsection (2) — the agency’s principal officer or the Minister is taken to have made a decision affirming the original decision at the end of the internal review processing period mentioned in subsection (2) (a) ; and this Act applies in relation to the decision taken to have been made under paragraph (a) as if it were a decision taken to have been made under section 83 (2) — subject to subsection (4) ; and with any necessary changes. The agency’s principal officer or the Minister need not give the applicant prescribed written notice of the decision taken to have been made under subsection (3) (a) . s 86B ins 2023 No. 32 s 114 (sec.86B-ssec.1) This section applies if— an agency or Minister has asked an applicant for internal review for a further specified period to consider the applicant’s internal review application under section 82A (2) ; and the internal review 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.86B-ssec.2) The applicant for internal review may apply for external review as if— the internal review processing period for the internal review application does not include the further specified period; and the agency’s principal officer or the Minister has made a decision affirming the original decision at the end of the internal review processing period mentioned in paragraph (a) ; and the applicant has been given written notice of the decision affirming the original decision at the end of the internal review processing period mentioned in paragraph (a) . (sec.86B-ssec.3) If the applicant for internal review applies for an external review under subsection (2) — the agency’s principal officer or the Minister is taken to have made a decision affirming the original decision at the end of the internal review processing period mentioned in subsection (2) (a) ; and this Act applies in relation to the decision taken to have been made under paragraph (a) as if it were a decision taken to have been made under section 83 (2) — subject to subsection (4) ; and with any necessary changes. (sec.86B-ssec.4) The agency’s principal officer or the Minister need not give the applicant prescribed written notice of the decision taken to have been made under subsection (3) (a) . - (a) an agency or Minister has asked an applicant for internal review for a further specified period to consider the applicant’s internal review application under section 82A (2) ; and - (b) the internal review 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 internal review processing period for the internal review application does not include the further specified period; and - (b) the agency’s principal officer or the Minister has made a decision affirming the original decision at the end of the internal review processing period mentioned in paragraph (a) ; and - (c) the applicant has been given written notice of the decision affirming the original decision at the end of the internal review processing period mentioned in paragraph (a) . - (a) the agency’s principal officer or the Minister is taken to have made a decision affirming the original decision at the end of the internal review processing period mentioned in subsection (2) (a) ; and - (b) this Act applies in relation to the decision taken to have been made under paragraph (a) as if it were a decision taken to have been made under section 83 (2) — (i) subject to subsection (4) ; and (ii) with any necessary changes. - (i) subject to subsection (4) ; and - (ii) with any necessary changes. - (i) subject to subsection (4) ; and - (ii) with any necessary changes.