126Use of computer programs to make decisions

126 Use of computer programs to make decisions

Kinds of decisions (1) For the purposes of paragraph 286(2)(a) of the Act, the following decisions under provisions of this instrument 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 section 11, 12 or 18 to issue a tariff rate quota certificate; (b) a decision under section 21 to allocate a requested amount of tariff rate quota entitlement; (c) a decision under section 25 to issue a tariff rate quota certificate; (d) a decision under section 30 to allocate an amount of tariff rate quota entitlement; (e) a decision under section 36 to issue a tariff rate quota certificate; (f) a decision under section 42 or 45 to allocate an amount of tariff rate quota entitlement; (g) a decision under section 49 or 52 to issue a tariff rate quota certificate; (h) a decision under subsection 119(1) to revoke a tariff rate quota certificate on request. (2) To avoid doubt, subsection (1) does not apply to a decision under section 115 not to issue a tariff rate quota certificate. Persons who may use computer program (3) For the purposes of paragraph 286(2)(b) of the Act, the following persons may use an authorised computer program for a decision referred to in subsection (1) of this section: (a) an exporter of a kind of goods covered by Chapter 3 of this instrument; (b) an agent of an exporter of a kind of goods covered by Chapter 3 of this instrument; (c) an authorised officer; (d) an APS employee in the Department; (e) 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 (4) 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 accurately entered into the computer program.

Chapter 7—Application, saving and transitional provisions