Commonwealth Consolidated Acts

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Computerised decision - making

  (1)   The Commissioner may arrange for the use, under the Commissioner's control, of computer programs for any purposes for which the Commissioner may, or must, under this Act:

  (a)   make a decision; or

  (b)   exercise any power or comply with any obligation; or

  (c)   do anything else related to making a decision to which paragraph   (a) applies or related to exercising a power, or complying with an obligation, to which paragraph   (b) applies.

Note:   A reference to this Act includes the regulations (see Schedule   1).

  (2)   For the purposes of this Act, the Commissioner is taken to have:

  (a)   made a decision; or

  (b)   exercised a power or complied with an obligation; or

  (c)   done something else related to the making of a decision or the exercise of a power or the compliance with an obligation;

that was made, exercised, complied with or done by the operation of a computer program under an arrangement made under subsection   (1).

Substituted decisions

  (3)   The Commissioner may substitute a decision for a decision the Commissioner is taken to have made under paragraph   (2)(a) if the Commissioner is satisfied that the decision made by the operation of the computer program is incorrect.

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