Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Chair of the ACMA may, in writing, arrange for the use , under the Chair's oversight, of computer programs to take administrative action that may, or must, be taken by the ACMA under this Part.
(2) Administrative action is:
(a) making a decision under subsection 484F(5) or (6); or
(b) making a decision under subsection 484G(4), (6) or (7); or
(c) giving a notice under subsection 484F(8) or 484G(8); or
(d) doing, or refusing or failing to do, anything related to making a decision under subsection 484F(5) or (6) or 484G(4), (6) or (7).
The ACMA is treated as having taken administrative action
(3) Administrative action taken by the operation of a computer program under an arrangement under subsection (1) is treated, for all purposes, as administrative action taken by the ACMA.
(4) The ACMA may make a decision in substitution for a decision the ACMA is treated as having taken under subsection (3) if:
(a) in any case--the ACMA is satisfied that the decision taken by the operation of the computer program is not correct; or
(b) if the decision taken by the operation of the computer program is a decision under subsection 484G(4) to accept one or more sender identifications--the ACMA is satisfied that one or more of those sender identifications are spoofing sender identifications.
(5) The substituted decision takes effect on:
(a) if the ACMA specifies the day on which the substituted decision takes effect (which may be earlier than the day the substituted decision is made)--that specified day; or
(b) otherwise--the day of the decision taken by the operation of the computer program.
Arrangement not a legislative instrument
(6) An arrangement under subsection (1) is not a legislative instrument.
Delegation
(7) The Chair of the ACMA may, in writing, delegate the Chair's power under subsection (1) to a member of the ACMA staff who is an SES employee or acting SES employee.