Document ID: chunk:federal_register_of_legislation:C2021C00502:clause:2_223a
Version: federal_register_of_legislation:C2021C00502
Segment Type: clause
Provision Reference: sch 2 cl 223A
Character Range: 83101–84323

223A  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.