VET Student Loans Act 2016

PART 4 - APPROVED COURSE PROVIDERS  

Division 3 - Revoking and suspending approvals  

SECTION 36   SECRETARY MAY REVOKE OR SUSPEND APPROVAL  

36(1)    
The Secretary may revoke or suspend the approval of an approved course provider if the Secretary is satisfied that the provider is not complying with this Act.

36(2)    
Before revoking or suspending the approval, the Secretary must give the provider written notice (the intention notice ) of the following:

(a) that the Secretary is proposing to revoke or suspend the approval;

(b) the reasons why the Secretary is proposing to revoke or suspend the approval;

(c) that the provider may make written submissions to the Secretary as to why the Secretary should not revoke or suspend the approval;

(d) that the written submissions must be given to the Secretary within the period (the submission period ):

(i) for proposed suspension - that ends 14 days after the intention notice is given; or

(ii) for proposed revocation - that ends 28 days after the intention notice is given.

36(3)    
The Secretary must consider any submissions given by the provider within the submission period.

36(4)    
The Secretary must give the provider written notice (the decision notice ) of:

(a) the Secretary ' s decision on the suspension or revocation; and

(b) the reasons for the decision.

The decision notice must be given within 28 days after the end of the submission period.

36(5)    
If the Secretary revokes or suspends the approval, the revocation or suspension takes effect on the day specified in the decision notice, which must not be a day before the decision is made.

36(6)    
A decision to suspend or revoke is not invalid merely because the Secretary failed to give the decision notice within the time required under subsection (4).

Note:

The Secretary may publish information about compliance action that has been taken under this Act: see section 103 .