92EAutomation of specified assessment action

92E  Automation of specified assessment action

 (1) The Director‑General may, in writing, arrange for the use, under the Director‑General’s oversight, of computer programs to take specified assessment action that may, or must, be taken by the Organisation under this Act.

 (2) Before making an arrangement under subsection (1), the Director‑General must consult the Inspector‑General of Intelligence and Security.

 (3) As soon as practicable after making an arrangement under subsection (1), the Director‑General must give a copy of the arrangement to the Inspector‑General of Intelligence and Security.

 (4) Specified assessment action has the meaning given by an instrument made by the Minister under subsection 92F(1).

Organisation treated as having taken specified assessment action

 (5) Specified assessment action taken by the operation of a computer program under an arrangement under subsection (1) is treated, for all purposes, as specified assessment action taken by the Organisation.

Substituting specified assessment action

 (6) The Organisation may take specified assessment action (the substituted action) in substitution for specified assessment action the Organisation is treated as having taken under subsection (5) if the Organisation is satisfied that the specified assessment action taken by the operation of the computer program is not the correct or preferable action.

 (7) The substituted action takes effect on:

 (a) if the Organisation specifies the day on which the substituted action takes effect—that specified day; or

 (b) otherwise—the day of the specified assessment action taken by the operation of the computer program.

 (8) The day specified under paragraph (7)(a) may be earlier than the day the substituted action is taken but not earlier than the day of the specified assessment action taken by the operation of the computer program.

Organisation may still take specified assessment action

 (9) An arrangement under subsection (1) does not prevent the Organisation from taking specified assessment action.

Reference to Organisation

 (10) In this section, a reference to the Organisation includes a reference to the Director‑General exercising powers or performing functions on behalf of the Organisation.

Arrangement not a legislative instrument

 (11) An arrangement under subsection (1) is not a legislative instrument.