Government Information (Public Access) Act 2009

An agency may by notice to an applicant require the applicant to make an advance payment of a processing charge (as an advance deposit).

The period within which the application is required to be decided stops running from when the decision to require an advance deposit is made until payment of the advance deposit is received by the agency.

The notice requiring an advance deposit must—

include a statement of the processing charges for work already undertaken by the agency in dealing with the application, and

include a statement of the estimated processing charges for work expected to be required to be undertaken by the agency in dealing with the application, and

specify a date by which the advance deposit must be paid (being a date at least 20 working days after the date the notice is given), and

include a statement that if the advance deposit is not paid by the due date the agency may refuse to deal further with the application and that this will result in any application fee and advance deposit already paid being forfeited.

An agency can extend the date by which an advance deposit must be paid and is to give the applicant notice of any extension (indicating the new date by which the advance deposit must be paid).