20AComputerised decision‑making

#### 20A Computerised decision‑making (1) The Secretary may arrange for the use, under the Secretary’s control, of computer programs for any purposes for which an authorised officer may or must: (a) make a decision under section 12, subsection 14(1) or subsection 20(2), (3) or (4); or (b) exercise any power or comply with any obligation related to making a decision referred to in paragraph (a); or (c) do anything else related to making a decision referred to in paragraph (a), or related to exercising a power or complying with an obligation referred to in paragraph (b). (2) The Secretary 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 exercise of a power or 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). (3) The Secretary must take reasonable steps to ensure that decisions (electronic decisions) made by the operation of a computer program under an arrangement made under subsection (1) are consistent with the object of this Act. (4) The Secretary must take reasonable steps to ensure that an electronic decision is based on grounds on the basis of which an authorised officer could have made that decision. However, an electronic decision may be made without any state of mind being formed in relation to a matter to which the decision relates. (5) An authorised officer may make a decision in substitution for an electronic decision if an authorised officer is satisfied that: (a) the electronic decision is not consistent with the object of this Act; or (b) another decision is more appropriate in the circumstances. (6) An electronic decision made in relation to food is of no effect to the extent that it is inconsistent with an earlier decision (other than an electronic decision) made in relation to the food by an authorised officer under this Act.