Document ID: chunk:federal_register_of_legislation:C2024A00083:clause:1_484k
Version: federal_register_of_legislation:C2024A00083
Segment Type: clause
Provision Reference: sch 1 cl 484K
Character Range: 16102–18525

484K  Oversight and safeguards for automation of administrative action

Chair to ensure administrative action is action that could be validly taken
 (1) The Chair of the ACMA must take all reasonable steps to ensure that administrative action taken by the operation of a computer program under an arrangement under subsection 484J(1) is administrative action that the ACMA could validly take under this Part.
 (2) Without limiting subsection (1), the Chair of the ACMA must do the things (if any) prescribed by the regulations for the purposes of this subsection.
Note: Administrative action may still be invalid even if subsections (1) and (2) are complied with.
 (3) A failure to comply with subsection (1) or (2) does not affect the validity of the administrative action taken by the operation of a computer program under an arrangement under subsection 484J(1).

Notice to entities of substituted decisions
 (4) If, under subsection 484J(4), the ACMA makes a decision in substitution for a decision the ACMA is treated as having taken under subsection 484J(3), the ACMA must, within 14 days of the making of the substituted decision, give the entity the subject of the substituted decision written notice of the substituted decision.
Note: The notice must also include a statement about review rights (see section 557).

Publication
 (5) If the Chair of the ACMA makes an arrangement under subsection 484J(1) in relation to particular provisions of this Part, the Chair must cause a statement to be published on the ACMA's website:
 (a) to the effect that the Chair has made such an arrangement; and
 (b) setting out those particular provisions.

Details in annual report
 (6) The Chair of the ACMA, when preparing the ACMA's annual report under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period, must include the following information in that report:
 (a) the total number of substituted decisions made by the ACMA under subsection 484J(4) of this Act in that period;
 (b) the kinds of substituted decisions so made;
 (c) the kinds of decisions taken by the operation of the computer program that the ACMA was satisfied were not correct.
The Chair may also include in the report any other information (other than personal information within the meaning of the Privacy Act 1988) about the operation of sections 484J and 484K in that period that the Chair considers appropriate.