Replacing decision made by automated electronic system or re‑exercising or re‑performing authorisation function
45C Replacing decision made by automated electronic system or re‑exercising or re‑performing authorisation function
Subsection (2) applies if a decision (the automated decision) is made by an automated electronic system under section 45B(1)(a).
The regulator may replace the automated decision with a new decision if the new decision —
could have been made under the authorisation provision in question; and
is more favourable to the affected person.
Subsection (4) applies if an authorisation function is exercised or performed by an automated electronic system under section 45B(1)(b).
The regulator may re‑exercise or re‑perform the authorisation function in a way —
in which the authorisation function could have been exercised or performed under the authorisation provision in question; and
that is more favourable to the affected person.
Nothing in this section requires the regulator to replace a decision or to re‑exercise or re‑perform an authorisation function.
This Act’s bill:Explanatory memorandumSecond reading speech
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