# Review of assessments made under section 93

> act-s350 — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

350 Review of assessments made under section 93
          (1) In reviewing an assessment of the Minister under section 93, the
              only regulations for the purpose of that section which the ART is to
              have regard to are whichever of the following are more favourable
              to the applicant:
                (a) the regulations for that purpose that were in force at the time
                    the assessment was made by the Minister;
                (b) the regulations for that purpose that are in force at the time
                    the decision was made by the ART about the assessment.









          (2) In determining whether the regulations mentioned in
              paragraph (1)(a) or (1)(b) are more favourable to the applicant, the
              only applicable pass mark and applicable pool mark that the ART
              may have regard to are:
                (a) in relation to regulations covered by paragraph (1)(a)—the
                    applicable pass mark and the applicable pool mark that
                    applied at the time the assessment was made by the Minister;
                    and
                (b) in relation to regulations covered by paragraph (1)(b)—the
                    applicable pass mark and the applicable pool mark that
                    applied at the time the decision is made by the ART about the
                    assessment.