Document ID: chunk:federal_register_of_legislation:F2019L00348:reg:9
Version: federal_register_of_legislation:F2019L00348
Segment Type: reg
Provision Reference: reg 9
Character Range: 6737–8973

9  Estimate of charge may be fixed in certain circumstances
 (1) This section applies if:
 (a) an agency or a Minister decides that an applicant is liable to pay a charge in respect of a request for access to a document and the agency or Minister has not taken any or all of the steps necessary to enable the agency or Minister to make a decision on the request; or
 (b) an agency or a Minister decides that an applicant is liable to pay a charge (other than a charge mentioned in paragraph (c)) in respect of the provision of access to a document and the agency or Minister has not taken any or all of the steps necessary to enable the applicant to be given access to the document; or
 (c) an agency or a Minister decides that:
 (i) access to a document is to be given to an applicant under the supervision of an officer of the agency or a person employed as a member of staff of the Minister under section 13 or 20 of the Members of Parliament (Staff) Act 1984; and
 (ii) the applicant is liable to pay a charge in respect of the period during which the officer or member of staff supervises that access.
 (2) The agency or Minister may fix the amount that the applicant is liable to pay in respect of a charge.
 (3) The amount of the charge is such amount as would, in the opinion of the agency or Minister, be the amount ascertained in accordance with Schedule 1 if, at the time the agency or Minister decides that the applicant is liable to pay the charge:
 (a) if paragraph (1)(a) applies—all steps that are necessary to enable a decision to be made on the request had been taken by the agency or Minister; or
 (b) if paragraph (1)(b) applies—all steps that are necessary to enable the applicant to be given access to the document had been taken by the agency or Minister; or
 (c) if paragraph (1)(c) applies—the applicant had accessed the document and the period during which the officer or member of staff supervised the applicant was a period determined by the agency or Minister to be the period reasonably required to access the document.
 (4) If an agency or a Minister has fixed an amount in respect of a charge under this section, the applicant is, subject to section 10, liable to pay the charge in the amount so fixed.