PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000 Page 46 of 70 (1) A third party that is informed in terms of section 71 (1) of a request for access, may, within 21 days after being so informed(a) make written or oral representations to the head concerned why the request should be refused; or (b) give written consent for the disclosure of the record to the requester concerned. (2) A third party that obtains knowledge about a request for access other than in terms of section 71 (1) may(a) make written or oral representations to the head concerned why the request should be refused; or (b) give written consent for the disclosure of the record to the requester concerned. 73 Decision on representations for refusal and notice thereof (1) The head of a private body must, as soon as reasonably possible, but in any event within 30 days after every third party is informed as required by section 71(a) decide, after giving due regard to any representations made by a third party in terms of section 72, whether to grant the request for access; (b) notify the third party so informed and a third party not informed in terms of section 71, but that made representations in terms of section 72 or is located before the decision is taken, of the decision; and [NB: Para. (b) has been substituted by s. 110 of the Protection of Personal Information Act 4 of 2013, a provision which will be put into operation by proclamation. See PENDLEX.] (c) notify the requester of the decision and, if the requester stated, as contemplated in section 53 (2) (e), that he or she wishes to be informed of the decision in any other manner, inform him or her in that manner if it is reasonably possible, and if the request is(i) granted, notify the requester in accordance with section 56 (2); or (ii) refused, notify the requester in accordance with section 56 (3). [NB: Para. (c) has been substituted by s. 110 of the Protection of Personal Information Act 4 of 2013, a provision which will be put into operation by proclamation. See PENDLEX.] [Sub-s. (1) substituted by s. 44 of Act 42 of 2001 (wef 7 December 2001).] (2) If, after all reasonable steps have been taken as required by section 71, a third party is not informed of a request, any decision whether to grant the request for access must be made with due regard to the fact that the third party did not have the opportunity to make representations in terms of section 72 why the request should be refused. (3) If the request is granted, the notice in terms of subsection (1) (b) must state(a) adequate reasons for granting the request, including the provisions of this Act relied upon to justify the granting; (b) that the third party may lodge an application with a court against the decision of the head within 30 days after notice is given, and the procedure for lodging the application; and (c) that the requester will be given access to the record after the expiry of the applicable period contemplated in paragraph (b), unless an application with a court is lodged within that period. (4) If the head of the private body decides in terms of subsection (1) to grant the request for access concerned, he or she must give the requester access to the record concerned after the expiry of 30 days after notice is given in terms of subsection (1) (b), unless an application with a court is lodged against the decision within that period. [NB: Sub-s. (4) has been substituted by s. 110 of the Protection of Personal Information http://juta/nxt/print.asp?NXTScript=nxt/gateway.dll&NXTHost=juta&functio... 2016/12/02