Document ID: chunk:federal_register_of_legislation:C2004A00826:clause:2_46b
Version: federal_register_of_legislation:C2004A00826
Segment Type: clause
Provision Reference: sch 2 cl 46B
Character Range: 7477–8890

46B  Evidence of whether computer program is functioning correctly

 (1) In citizenship proceedings, a certificate signed by an officer stating whether or not a specified computer program was functioning correctly:
 (a) at a specified time or during a specified period; and
 (b) in relation to specified outcomes from the operation of that program under an arrangement made under subsection 36A(1);
is prima facie evidence of the matters stated in the certificate.

 (2) For the purposes of this section, a computer program is functioning correctly if:
 (a) outcomes from its operation comply with this Act and the regulations; and
 (b) those outcomes would be valid if they were made by the Minister otherwise than by the operation of the computer program.

 (3) In this section:

citizenship proceedings means:
 (a) proceedings in a court (including criminal proceedings) that relate to this Act (including an offence against this Act); or
 (b) proceedings that relate to an application for review under section 52A.

officer means:
 (a) an officer of the Department; or
 (b) a person authorised in writing by the Minister to issue certificates under this section; or
 (c) any person who is included in a class of persons authorised in writing by the Minister to issue certificates under this section, including a person who becomes a member of the class after the authorisation is given.

Migration Act 1958