Document ID: chunk:federal_register_of_legislation:C2025C00016:section:63
Version: federal_register_of_legislation:C2025C00016
Segment Type: section
Provision Reference: s 63
Character Range: 80763–81862

63  Minister may substitute more favourable decisions for certain computer‑based decisions
 (1) The Minister may substitute a decision (the substituted decision) for a decision (the initial decision) made by the operation of a computer program under an arrangement made under subsection 62(1) if:
 (a) the computer program was not functioning correctly:
 (i) at a specified time or during a specified period; and
 (ii) in relation to specified outcomes from the operation of that program under an arrangement made under subsection 62(1); and
 (b) the substituted decision could have been made under the same provision of this Act as the initial decision; and
 (c) the substituted decision is more favourable to the applicant.
 (2) The Minister does not have a duty to consider whether to exercise the power under subsection (1) in respect of any decision, whether he or she is requested to do so by the applicant or by any other person, or in any other circumstances.
 (3) Subsection (1) has effect despite:
 (a) any law of the Commonwealth; or
 (b) any rule of common law;
to the contrary effect.