34Use of computer programs to make decisions

34 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) determining under section 10 an amount of tariff rate quota entitlement to be allocated; (b) determining under section 17 an additional amount of tariff rate quota entitlement to be allocated; (c) a decision under section 19 to issue a tariff rate quota certificate (but not a decision under subsection 19(4) not to issue a certificate); (d) a decision under section 20 to issue a tariff rate quota certificate (but not a decision under subsection 20(7) not to issue a certificate); (e) a decision under subsection 23(1) to revoke a tariff rate quota certificate on request; (f) a decision under section 28 to issue a tariff rate quota certificate (but not a decision under subsection 28(5) not to issue a certificate). Persons who may use computer program (2) 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; (b) an agent of an exporter; (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 (3) 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.