Chapter 2
-
Grants for higher education assistance etc
History
Ch 2 (heading) substituted by No 119 of 2007, s 3 and Sch 8 item 3, applicable in relation to payments under Part
2-4
of the
Higher Education Support Act 2003
in respect of the year 2008 or a later year. The heading formerly read:
Chapter 2
-
Grants for higher education assistance
PART 2-1
-
HIGHER EDUCATION
PROVIDERS
Division 22
-
When does a body cease to be a higher education provider?
Subdivision 22-E
-
Notice of approval or revocation ceasing to have effect under the Legislation Act 2003
History
Subdiv 22-E heading substituted by No 126 of 2015, s 3 and Sch 1 item 271, effective 5 March 2016. The heading formerly read:
Subdivision 22-E
-
Notice of approval or revocation ceasing to have effect under the Legislative Instruments Act 2003
Subdiv 22-E heading substituted by No 160 of 2012, s 3 and Sch 2 item 7, applicable in relation to decisions to revoke a body
'
s approval as a higher education provider or VET provider made on or after 29 November 2012. The heading formerly read:
Subdivision 22-E
-
Notice of approval ceasing to have effect under the
Legislative Instruments Act 2003
Subdiv 22-E inserted by No 39 of 2009, s 3 and Sch 2 item 4, effective 24 June 2009. For application and transitional provisions, see note under s
16-5(3)
.
SECTION 22-50
Notice of revocation ceasing to have effect under the
Legislation Act 2003
22-50(1)
This section applies if:
(a)
a decision of the Minister to revoke a body
'
s approval as a higher education provider has taken effect; and
(b)
the decision to revoke the approval ceases to have effect because the notice of revocation ceases to have effect under Part
2
of Chapter
3
(parliamentary scrutiny of legislative instruments) of the
Legislation Act 2003
.
History
S 22-50(1) amended by No 126 of 2015, s 3 and Sch 1 item 275, by substituting
"
Part 2 of Chapter 3 (parliamentary scrutiny of legislative instruments) of the
Legislation Act 2003
"
for
"
Part 5 (Parliamentary scrutiny of legislative instruments) of the
Legislative Instruments Act 2003
"
in para (b), effective 5 March 2016.
22-50(2)
The fact that the decision to revoke the approval ceases to have effect 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 before the cessation; 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 decision to revoke the approval had not ceased to have effect.
History
S 22-50 inserted by No 160 of 2012, s 3 and Sch 2 item 8, applicable in relation to decisions to revoke a body
'
s approval as a higher education provider or VET provider made on or after 29 November 2012.