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PLANT BREEDER'S RIGHTS ACT 1994 - SECT 76B

Computerised decision-making

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

                     (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.

             (2)  For the purposes of this Act and the regulations, the Registrar 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 Registrar may substitute a decision for a decision the Registrar is taken to have made under paragraph (2)(a) if the Registrar is satisfied that the decision made by the operation of the computer program is incorrect.

Note:          A substituted decision under subsection (4) may be reviewable by the AAT under section 77.



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