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AUSTRALIAN CITIZENSHIP ACT 2007 - SECT 49

Evidence of whether computer program is functioning correctly

Issue of notices

             (1)  In citizenship proceedings, a notice signed by an authorised person stating whether or not a specified computer program was functioning correctly:

                     (a)  at a specified time or during a specified period; and

                     (b)  in relation to specified outcomes from the operation of that program under an arrangement made under subsection 48(1);

is prima facie evidence of the matters stated in the notice.

Ministerial authorisations

             (2)  The Minister may, by writing, authorise a person to issue notices under this section.

             (3)  The Minister may, by legislative instrument, authorise a class of persons to issue notices under this section.

Definitions

             (4)  In this section:

"authorised person" means:

                     (a)  an APS employee in the Department; or

                     (b)  a person authorised under subsection (2) to issue notices under this section; or

                     (c)  any person who is included in a class of persons authorised under subsection (3) to issue notices under this section.

"citizenship proceedings" means:

                     (a)  proceedings in a court (including criminal proceedings) that relate to this Act (including an offence against this Act); or

                     (b)  proceedings that relate to an application for review under section 52.

"functioning correctly" : a computer program is functioning correctly if:

                     (a)  outcomes from its operation comply with this Act and the regulations; and

                     (b)  those outcomes would be valid if they were made by the Minister otherwise than by the operation of the computer program.



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