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ROAD VEHICLE STANDARDS ACT 2018 - SECT 63

Minister may substitute more favourable decisions for certain computer - based decisions

  (1)   The Minister may substitute a decision (the substituted decision ) for a decision (the initial decision ) made by the operation of a computer program under an arrangement made under subsection   62(1) if:

  (a)   the computer program was not functioning correctly:

  (i)   at a specified time or during a specified period; and

  (ii)   in relation to specified outcomes from the operation of that program under an arrangement made under subsection   62(1); and

  (b)   the substituted decision could have been made under the same provision of this Act as the initial decision; and

  (c)   the substituted decision is more favourable to the applicant.

  (2)   The Minister does not have a duty to consider whether to exercise the power under subsection   ( 1) in respect of any decision, whether he or she is requested to do so by the applicant or by any other person, or in any other circumstances.

  (3)   Subsection   ( 1) has effect despite:

  (a)   any law of the Commonwealth; or

  (b)   any rule of common law;

to the contrary effect.



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