Document ID: chunk:federal_register_of_legislation:F2021L00317:reg:3:p21
Version: federal_register_of_legislation:F2021L00317
Segment Type: reg
Provision Reference: reg 3 (pt 21/24)
Character Range: 229545–232314

the individual's approval.

9‑31  Fit and proper person test

Fit and proper person test
 (1) For the purposes of paragraph 372(1)(d) of the Act, the following provisions of this Division are prescribed:
 (a) section 9‑23 (decision to approve an individual to carry out assessments);
 (b) section 9‑29 (decision to revoke an approval of an individual to carry out assessments).
 (2) For the purposes of subparagraph 372(2)(e)(v) of the Act, section 9‑22 of this instrument (application by individual for approval to carry out assessments) is prescribed.
 (3) For the purposes of paragraph 372(4)(b) of the Act, an approved assessor is prescribed.

Notification of conviction of offence or order to pay pecuniary penalty
 (4) For the purposes of paragraph 374(1)(g) of the Act, an approved assessor is prescribed.

Part 3—Powers of the Secretary

9‑32  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, the following decisions 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 paragraph 67(1)(a) of the Act to issue a government certificate in relation to fish or fish products;
 (b) a decision under paragraph 225(1)(a) of the Act to issue an export permit for prescribed fish or fish products.

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:
 (a) the occupier of a registered establishment where operations to prepare fish or fish products for export are carried out;
 (b) the holder of an approved arrangement for operations to prepare fish or fish products for export at a registered establishment;
 (c) an exporter of fish or fish products;
 (d) a person who provides services to, and is authorised in writing by, the occupier, holder or exporter referred to in paragraph (a), (b) or (c) of this subsection to use the computer program to make the decision;
 (e) an authorised officer;
 (f) an APS employee in the Department;
 (g) 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