After section 273 of the Principal Act , the following Division is inserted in Part 10:

Division 1A - Electronic decision making

273A.     Interpretation

In this Division –

approved computer program means a computer program that is approved by the Secretary under section 273B;

electronic decision means a decision made by the operation of an approved computer program.

273B.     Approval of computer program

(1)  The Secretary may approve, in writing, a computer program, which is under the Secretary’s control, to be used to make a decision under the following provisions:

(a) section 78;

(b) section 81;

(c) section 82;

(d) section 83;

(e) section 87;

(f) such other section of this Act as may be prescribed.

(2)  The Secretary is to publish notice of the approval of a computer program under subsection (1) –

(a) in the Gazette ; or

(b) on a public website maintained by the Department.

(3)  An electronic decision is taken to be a decision made by the Secretary.

273C.     Replacing an electronic decision

(1)  This section applies if the Secretary is satisfied that an electronic decision that was made by the operation of an approved computer program was made at a time when the approved computer program was not functioning correctly.

(2)  An approved computer program is not functioning correctly if the electronic decision that was made by the approved computer program is not the same as the decision that the Secretary would have made if the Secretary had made the decision.

(3)  The Secretary may revoke the electronic decision and replace it with the decision that the Secretary would have made if the Secretary had made the decision.

(4)  The Secretary may do so –

(a) on the initiative of the Secretary; or

(b) on the written application of the applicant who had sought the electronic decision.

(5)  If the Secretary revokes an electronic decision after the Secretary has notified the applicant about the electronic decision, the Secretary must, as soon as practicable after revoking the electronic decision, give to the applicant a written notice that states –

(a) that the electronic decision has been revoked; and

(b) the reasons for revoking the electronic decision; and

(c) the new decision.

273D.     Evidence of whether computer is functioning correctly

(1)  In this section –

computer function notice means a document that –

(a) is, or is purported to be, signed by the Secretary; and

(b) states whether or not a specified computer program was functioning correctly –

(i) in relation to a specified electronic decision; and

(ii) at a specified time or during a specified period.

(2)  In any proceedings, a computer function notice is prima facie evidence of the matters that are stated in the notice.

(3)  A computer program is functioning correctly if an electronic decision that the computer program makes is the same as the decision that the Secretary would have made if the Secretary had made the decision.