Victorian Numbered Acts Victorian Numbered Acts(1) In section 53(1)(b) of the Principal Act, for "section 21" substitute "section 21(1)".
(2) In section 53(1) of the Principal Act, for the words and expressions commencing "the principal officer" and ending at the end of the subsection substitute "for the purposes of making an application to the Tribunal under section 50(1)(ea), the agency or Minister is taken to have made a decision refusing to grant access to the document in accordance with the request or, in the case of a request under section 39, refusing to amend the document in accordance with the request, on the last day of the relevant period.".
(3) After section 53(1) of the Principal Act insert —
"(2) Subject to this section, where—
(a) a notice has been served on the principal officer under section 12(1); and
(b) the time period provided in section 12(2) has elapsed; and
(c) notice of the principal officer's decision has not been received by the applicant—
for the purposes of making an application to the Tribunal under section 50(1)(ea), the principal officer is taken to have made a decision refusing to specify the document in a statement on the last day of that period.".
(4) In section 53(5) of the
Principal Act, for
", other than a decision to grant, without deferment,
access to the document in accordance with the request, is given," substitute
"is given, subject to subsection (5A),".
(5) After section 53(5) of the Principal Act insert —
"(5A) Subsection (5) does not apply to—
(a) a decision of the agency or Minister to grant access to the document without deferment; or
(b) in the case of a request under section 39, a decision of the agency or Minister to amend the document in accordance with the request; or
(c) in the case of a notice under section 12(1), a decision of the principal officer to specify the document in a statement.".
(6) Section 53(8) of the Principal Act is repealed .