Document ID: chunk:federal_register_of_legislation:C2024C00855:section:40:p2
Version: federal_register_of_legislation:C2024C00855
Segment Type: section
Provision Reference: s 40 (pt 2/3)
Character Range: 82858–85408

1977 does not apply to a decision of the kind referred to in subsection (5).
 (7) A notice under subsection (5) is not required to contain any matter that is of such a nature that its inclusion in a record would cause that record to be an exempt record under section 33.

Effect of delay in dealing with application
 (8) Where:
 (a) an application to which this section applies has been made;
 (b) the consideration period for the application under section 40A has ended; and
 (c) notice of a decision on the application has not been received by the applicant;
the Archives shall, for the purpose of enabling an application to be made to the Tribunal under section 43, be deemed to have made, on the last day of that period, a decision refusing to grant access to the record on the ground that the record is an exempt record.
 (9) Where a complaint is made to the Ombudsman under the Ombudsman Act 1976 concerning failure to make and notify to the applicant a decision on an application (whether the complaint was made before or after the end of the consideration period for the application under section 40A), an application to the Tribunal under section 43 of this Act by virtue of subsection (8) shall not be made before the Ombudsman has informed the applicant of the result of the complaint in accordance with section 12 of the Ombudsman Act 1976.
 (10) Where such a complaint is made before the end of the consideration period for the application under section 40A, the Ombudsman, after having investigated the complaint, may, if he or she is of the opinion that there has been unreasonable delay by the Archives in connection with the request, grant to the applicant a certificate certifying that he or she is of that opinion, and, if the Ombudsman does so, the Archives shall, for the purpose of enabling application to be made to the Tribunal under section 43, be deemed to have made, on the day on which the certificate is granted, a decision refusing to grant access to the record on the ground that the record is an exempt record.
 (11) Where, after an application has been made to the Tribunal by virtue of subsection (8) but before the Tribunal has finally dealt with the application, a decision in the matter to which the application relates is given by the Archives, being a decision that is not satisfactory to the applicant, the Tribunal may, at the request of the applicant, treat the proceedings as extending to a review of that decision in accordance with this Part.
 (12) Before dealing further with an application made to it by