Document ID: chunk:federal_register_of_legislation:C2024C00508:section:5f
Version: federal_register_of_legislation:C2024C00508
Segment Type: section
Provision Reference: s 5F
Character Range: 76401–78381

5F  APVMA may arrange for use of computer programs to make decisions
 (1) The APVMA may arrange for the use, under the APVMA's control, of computer programs for any purposes for which the APVMA may, or must, under this Code:
 (a) make a decision of a kind determined in an instrument under subsection (1A); or
 (b) exercise any power, or comply with any obligation, related to making a decision to which paragraph (a) applies; 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.
 (1A) The APVMA may, by legislative instrument, determine kinds of decisions for the purposes of paragraph (1)(a). The APVMA may, in that instrument, also determine conditions of use of a computer program as mentioned in subsection (1).
 (1B) The APVMA must take all reasonable steps to ensure that decisions made by the operation of a computer program under an arrangement made under subsection (1) are correct.
Note: In addition, subsection 1A(2) of this Code sets out how this Code is to be implemented (which covers the making of an arrangement under subsection (1) of this section).
 (2) For the purposes of this Code, the APVMA 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 APVMA may substitute a decision for a decision (the initial decision) the APVMA is taken, under paragraph (2)(a), to have made if the APVMA is satisfied that the initial decision is incorrect.
 (4) However, the substituted decision may only be made before the end of the period of 60 days beginning on the day the initial decision is made.