Higher Education Support Amendment (VET FEE-HELP and Providers) Act 2009 (39 of 2009)

Schedule 2   Date of effect of approval of providers

Higher Education Support Act 2003

8   At the end of Division 5 of Schedule 1A

Add:

Subdivision 5-E - Notice of approval ceasing to have effect under the Legislative Instruments Act 2003

39A Notice of approval ceasing to have effect under the Legislative Instruments Act 2003

(1) This clause applies if:

(a) a decision of the Minister to approve a body corporate as a *VET provider has taken effect; and

(b) the body ceases to be approved as a VET provider because the notice of the approval ceases to have effect under Part 5 (Parliamentary scrutiny of legislative instruments) of the Legislative Instruments Act 2003.

(2) The fact that the body ceases to be approved as a *VET provider does not:

(a) affect:

(i) the operation of this Act, or any instrument made under this Act, in relation to the body before the cessation; or

(ii) anything duly done or suffered in relation to the body before the cessation; or

(b) affect any right, privilege, obligation or liability acquired, accrued or incurred before the cessation; or

(c) affect any penalty, forfeiture or punishment incurred in respect of the body having been a VET provider; or

(d) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.

Any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if the body had not ceased to be approved as a VET provider.