Government Information (Public Access) Act 2009 No 52
51A Effect of waiver, reduction or refund of application
(1) An agency is not to treat an application as being an invalid
access application only because of the non-payment of the required application
(a) the payment of the fee was waived by the agency before the
application was made, or
(b) the amount of the fee payable was reduced by the agency before the
application was made and the reduced fee accompanied the
Note. Section 127 enables an agency to waive, reduce or refund a fee
payable or paid under this Act for an application fee in any case that the
agency thinks appropriate, subject to the regulations.
(2) If an agency waives payment of the required application fee, or
reduces the amount of the fee that is payable, after the application is made
(and the application would have been valid had the required application fee
(a) in the case of a waived fee—the application becomes a valid
access application and is deemed to have been made when the fee was waived,
(b) in the case of a reduced fee—the application becomes a valid
access application when the reduced fee is paid and is deemed to have been
made when the payment is made.
(3) The refund of an application fee does not affect the validity of
an access application that was duly made.