Document ID: chunk:federal_register_of_legislation:F2024C00423:body:0:p2
Version: federal_register_of_legislation:F2024C00423
Segment Type: other
Provision Reference: 
Character Range: 3003–5853

following:
(a) government certificate;
(b) non‑prescribed goods;
(c) Regulatory Powers Act;
(d) relevant information.
  In this instrument:
Act means the Export Control Act 2020, and includes:
 (a) legislative instruments made under the Export Control Act 2020; and
 (b) the Regulatory Powers Act as it applies in relation to the Export Control Act 2020.

Part 2—Decisions that may be made by computer program

2‑1  Decisions that may be made by operation of computer program

Kinds of decisions
 (1) For the purposes of paragraph 286(2)(a) of the Act and subject to subsection (2), a decision under paragraph 67(1)(a) of the Act to issue a government certificate in relation to a kind of non‑prescribed goods 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.
 (2) Subsection (1) applies in relation to a decision only if no other rules prescribed for the purposes of paragraph 286(2)(a) of the Act apply in relation to the decision.
Example: This section does not apply in relation to a decision under paragraph 67(1)(a) of the Act to issue a government certificate in relation to non‑prescribed plants or plant products because this decision is prescribed by section 9‑17 of the Export Control (Plants and Plant Products) Rules 2021.

Persons who may use computer program
 (3) 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) a person applying for a government certificate in relation to a kind of non‑prescribed goods under subsection 65(1) of the Act;
 (b) an APS employee in the Department;
 (c) 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
 (4) For the purposes of paragraph 286(2)(c) of the Act, a person who may use an authorised computer program under subsection (3) 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 3—Information management

3‑1  Secretary may publish certain protected information
 (1) The Secretary may publish, or otherwise disclose, protected information if:
 (a) it does not include personal information about any individual; or
 (b) all personal information about an individual included in the protected information is de‑identified.

Meaning of de‑identified
 (2) For the purposes of this section, personal information is de‑identified if