Document ID: chunk:federal_register_of_legislation:F2019L00348:reg:10
Version: federal_register_of_legislation:F2019L00348
Segment Type: reg
Provision Reference: reg 10
Character Range: 8973–11136

10  Adjustment of estimate of charge fixed under section 9
 (1) This section applies if:
 (a) an amount is fixed under section 9 in respect of a charge; and
 (b) the amount fixed does not equal the amount (the actual amount) that, but for section 9, the applicant would be liable to pay in respect of the charge had that amount been ascertained after:
 (i) a decision had been made on the request; or
 (ii) all steps necessary to enable the applicant to be given access to the document had been undertaken; or
 (iii) the applicant has accessed the document.
 (2) If the amount fixed under section 9 in respect of a charge is more than the actual amount that the applicant would be liable to pay in respect of the charge, the agency or Minister must fix, as the amount of the charge, an amount equal to the actual amount.
 (3) If:
 (a) the amount fixed under section 9 in respect of a charge is less than the actual amount that the applicant would be liable to pay in respect of the charge; and
 (b) the charge is not in respect of a request for access to a document in which a decision refusing to give access to the document has been made by the agency or the Minister;
the agency or Minister may fix, as the amount of the charge, an amount that is equal to the actual amount in respect of the charge.
 (4) If an agency or a Minister has fixed an amount in respect of a charge under subsection (2) or (3), the applicant is liable to pay the amount so fixed in lieu of the amount fixed under section 9 in respect of the charge.
 (5) If the applicant has paid to an agency or a Minister an amount fixed under section 9 in respect of the charge, then:
 (a) if the amount paid under section 9 in respect of the charge exceeds the amount fixed in respect of the charge under this section—the applicant is entitled to a refund of an amount equal to the amount of the excess; or
 (b) if the amount paid under section 9 in respect of the charge is less than the amount fixed in respect of the charge under this section—the amount paid by the applicant under section 9 is taken to be a deposit on account of the charge fixed in respect of the charge under this section.