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

> act-s495B — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

495B 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 495A(1) if:
                (a) a certificate under paragraph 271(1)(l) relates to the computer
                    program and to the initial decision; and
                (b) the certificate states that the computer program was not
                    functioning correctly; and
                (c) the substituted decision could have been made under the
                    same provision of the designated migration law as the initial
                    decision; and
                (d) 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.