Telecommunications Act 1997

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.

Administrative action is:

making a decision under subsection 484F(5) or (6); or

making a decision under subsection 484G(4), (6) or (7); or

giving a notice under subsection 484F(8) or 484G(8); or

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).

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.

The ACMA may make a decision in substitution for a decision the ACMA is treated as having taken under subsection (3) if:

in any case—the ACMA is satisfied that the decision taken by the operation of the computer program is not correct; or

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.

The substituted decision takes effect on:

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

otherwise—the day of the decision taken by the operation of the computer program.

An arrangement under subsection (1) is not a legislative instrument.

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.