Document ID: chunk:federal_register_of_legislation:C2025C00174:section:29:p1
Version: federal_register_of_legislation:C2025C00174
Segment Type: section
Provision Reference: s 29 (pt 1/3)
Character Range: 120613–123189

29  Charges
 (1) Where, under the regulations, an agency or Minister decides that an applicant is liable to pay a charge in respect of a request for access to a document, or the provision of access to a document, the agency or Minister must give to the applicant a written notice stating:
 (a) that the applicant is liable to pay a charge; and
 (b) the agency's or Minister's preliminary assessment of the amount of the charge, and the basis on which the assessment is made; and
 (c) that the applicant may contend that the charge has been wrongly assessed, or should be reduced or not imposed; and
 (d) the matters that the agency or Minister must take into account under subsection (5) in deciding whether or not to reduce, or not impose, the charge; and
 (e) the amount of any deposit that the agency or Minister has determined, under the regulations, that the applicant will be required to pay if the charge is imposed; and
 (f) that the applicant must, within the period of 30 days, or such further period as the agency or Minister allows, after the notice was given, notify the agency or Minister in writing:
 (i) of the applicant's agreement to pay the charge; or
 (ii) if the applicant contends that the charge has been wrongly assessed, or should be reduced or not imposed, or both—that the applicant so contends, giving the applicant's reasons for so contending; or
 (iii) that the applicant withdraws the request for access to the document concerned; and
 (g) that if the applicant fails to give the agency or Minister such a notice within that period or further period, the request for access to the document will be taken to have been withdrawn.
 (2) If the applicant fails to notify the agency or Minister in a manner mentioned in paragraph (1)(f) within the period or further period mentioned in that paragraph, the applicant is to be taken to have withdrawn the request for access to the document concerned.
 (3) An agency or Minister must not impose a charge in respect of a request for access to a document, or the provision of access to a document, until:
 (a) the applicant has notified the agency or Minister in a manner mentioned in paragraph (1)(f); or
 (b) the end of the period or further period mentioned in that paragraph.
 (4) Where the applicant has notified the agency or Minister, in a manner mentioned in subparagraph (1)(f)(ii), that the applicant contends that the charge should be reduced or not imposed, the agency or Minister may decide that the charge is to be reduced or not to be imposed.
 (5) Without limiting the matters the agency or