Document ID: chunk:federal_register_of_legislation:F2019L00348:reg:12
Version: federal_register_of_legislation:F2019L00348
Segment Type: reg
Provision Reference: reg 12
Character Range: 11662–13031

12  Deposits
 (1) If:
 (a) an agency or Minister decides that an applicant is liable to pay a charge in respect of:
 (i) a request for access to a document; or
 (ii) the provision of access to a document; and
 (b) the agency's or Minister's preliminary assessment of the amount of the charge exceeds $25;
the agency or Minister may determine that the applicant is required to pay a deposit on account of the charge and the amount of that deposit.
Note: The applicant must be notified of the amount of the deposit, see paragraph 29(1)(e) of the Act.

Amount of deposit
 (2) The amount of the deposit must not exceed:
 (a) if the preliminary assessment of the amount of the charge exceeds $25 but does not exceed $100—$20; or
 (b) if the preliminary assessment of the amount of the charge exceeds $100—25% of the amount of the charge.

Refund of deposit
 (3) The agency or Minister must refund any deposit paid by the applicant on account of the charge if:
 (a) the agency or Minister decides under section 29 of the Act not to impose the charge; or
 (b) section 7 applies in respect of the request for access to the document.
 (4) If:
 (a) the applicant pays a deposit on account of the charge; and
 (b) the amount of the deposit exceeds the amount of the charge;
the agency or Minister must refund the excess.

Part 3—Application, saving and transitional provisions