Document ID: chunk:federal_register_of_legislation:F2021C00510:reg:33
Version: federal_register_of_legislation:F2021C00510
Segment Type: reg
Provision Reference: reg 33
Character Range: 40508–42521

33  Use of computer programs to make decisions

Kinds of decisions
 (1) For the purposes of paragraph 286(2)(a) of the Act, the following decisions under provisions of this instrument may be made by the operation of a computer program (an authorised computer program) under an arrangement made under subsection 286(1) of the Act:
 (a) a decision under section 9 to reserve an amount of tariff rate quota entitlement (but not a decision under section 10 not to reserve an amount);
 (b) a decision under section 13 to issue a tariff rate quota certificate (but not a decision under section 14 not to issue a certificate);
 (c) a decision under subsection 15(1) to revoke a tariff rate quota certificate upon request;
 (d) a decision under section 16 to issue a replacement tariff rate quota certificate.

Persons who may use computer program
 (2) For the purposes of paragraph 286(2)(b) of the Act, the following persons may use an authorised computer program for a decision referred to in subsection (1) of this section:
 (a) an exporter of feed grain;
 (b) an agent of an exporter of feed grain;
 (c) an authorised officer;
 (d) an APS employee in the Department;
 (e) a person performing services for the Department under a contract;
if the Secretary has given the person a unique identifier to enable the person to access the computer program.

Conditions of use of computer program
 (3) For the purposes of paragraph 286(2)(c) of the Act, a person who may use an authorised computer program under subsection (2) of this section must:
 (a) be satisfied on reasonable grounds that information entered into the computer program by the person for the purpose of enabling decisions to be made by operation of the computer program is true and correct; and
 (b) ensure that the information is accurately entered into the computer program.

Part 7—Application, saving and transitional provisions

Division 1—Transitional provisions relating to the Export Control Legislation Amendment (Tariff Rate Quotas) Rules 2021