Schedule 1A
-
VET FEE-HELP Assistance Scheme
Note:
See section
6-1
.
History
Sch 1A inserted by No 170 of 2007, s 3 and Sch 1 item 17, effective 1 January 2008.
PART 1
-
VET providers
Division 3
-
What is a VET provider?
Subdivision 3-B
-
How are bodies approved as VET providers?
SECTION 11
Minister to decide application
11(1)
The Minister must:
(a)
decide an application for approval as a *VET provider; and
(b)
cause the applicant to be notified in writing whether or not the applicant is approved as a VET provider.
11(1A)
The Minister is not required to comply with this clause after 4 October 2016.
Note:
The Minister must not approve a body as a VET provider after 4 October 2016: see subclause
6(5)
.
History
Pt 1 cl 11(1A) inserted by No 100 of 2016, s 3 and Sch 1 item 17, effective 1 January 2017. For transitional provision, see note under s
137-19
.
11(2)
For the purposes of paragraph 6(1)(f) or 6(1A)(h):
(a)
the Minister may be satisfied that a body is willing and able to meet the *VET quality and accountability requirements if the body gives the Minister such written undertakings as the Minister requires; and
(b)
the Minister may be satisfied that a body is willing and able to meet:
(i)
the *VET quality and accountability requirements; or
(ii)
one or more of the requirements referred to in paragraphs 13(a) to (f);
if a body approved under the *VET Guidelines so recommends in accordance with those guidelines.
History
Pt 1 cl 11(2) amended by No 23 of 2013, s 3 and Sch 3 item 5, by substituting
"
13(a)
"
for
"
13(1)(a)
"
in para (b)(ii), applicable in relation to a higher education provider or a VET provider approved before, on or after 29 March 2013 and to a condition imposed on or after 29 March 2013 on an approval of a higher education provider or a VET provider.
Pt 1 cl 11(2) amended by No 160 of 2012, s 3 and Sch 3 item 8, by omitting
"
Provider
"
before
"
Guidelines
"
, applicable: (a) for the purposes of making a decision on an application for approval as a VET provider under clause
6
of Schedule
1A
to the
Higher Education Support Act 2003
-
in relation to applications for approval made on or after 1 January 2013; and (b) in any other case
-
in relation to a VET provider approved before, on or after 1 January 2013.
Pt 1 cl 11(2) amended by No 160 of 2012, s 3 and Sch 1 items 9 and 10, by substituting
"
paragraph 6(1)(f) or 6(1A)(h)
"
for
"
paragraph 6(1)(f)
"
and omitting
"
corporate
"
after
"
body
"
in para (a) and (b), applicable in relation to applications for approval as a VET provider made on or after 1 January 2013.
Pt 1 cl 11(2) amended by No 72 of 2011, s 3 and Sch 1 item 22, by substituting
"
paragraph 6(1)(f)
"
for
"
paragraph 6(f)
"
, effective 30 June 2011.
Pt 1 cl 11(2) and (2A) substituted for cl 11(2) by No 6 of 2010, s 3 and Sch 1 item 3, effective 19 February 2010. Cl 11(2) formerly read:
11(2)
For the purposes of paragraph
6(f)
, the Minister may be satisfied that a body corporate is willing and able to meet the *VET quality and accountability requirements if the body gives the Minister such written undertakings as the Minister requires.
11(2A)
Subclause (2) does not limit the circumstances in which the Minister may be satisfied, for the purposes of paragraph 6(1)(f) or 6(1A)(h), that a body is willing and able to meet the *VET quality and accountability requirements.
History
Pt 1 cl 11(2A) amended by No 160 of 2012, s 3 and Sch 1 items 11 and 12, by substituting
"
paragraph 6(1)(f) or 6(1A)(h)
"
for
"
paragraph 6(1)(f)
"
and omitting
"
corporate
"
after
"
body
"
, applicable in relation to applications for approval as a VET provider made on or after 1 January 2013.
Pt 1 cl 11(2A) amended by No 72 of 2011, s 3 and Sch 1 item 22, by substituting
"
paragraph 6(1)(f)
"
for
"
paragraph 6(f)
"
, effective 30 June 2011.
Pt 1 cl 11(2) and (2A) substituted for cl 11(2) by No 6 of 2010, s 3 and Sch 1 item 3, effective 19 February 2010.
11(3)
The Minister
'
s decision must be made:
(a)
within 90 days after receiving the application; or
(b)
if further information is requested under clause
10
-
within 60 days after the end of the period within which the information was required to be provided under that clause;
whichever is the later.
[
CCH Note:
No 168 of 2015, s 3 and Sch 1 item 24A provides the following transitional provision:
24A Transitional
-
pending applications
For the purposes of subclause
11(3)
of Schedule
1A
to the
Higher Education Support Act 2003
, any period referred to in that subclause that was underway on 2 December 2015 is taken to have paused at the end of that day until the end of 21 January 2016.
]
11(3A)
However, contravention of subclause (3) does not affect the Minister
'
s power to decide the application or the Minister
'
s obligation to comply with subclause (1).
History
Pt 1 cl 11(3A) inserted by No 6 of 2012, s 3 and Sch 1 item 2, applicable to decisions on applications made on or after 7 March 2012.
11(4)
If the Minister decides that an applicant is approved as a *VET provider, the notice must also contain such information as is specified in the *VET Guidelines as information that must be provided to an applicant upon approval as a VET provider.
History
Pt 1 cl 11(4) amended by No 160 of 2012, s 3 and Sch 3 item 9, by substituting
"
*VET
"
for
"
VET Provider
"
, applicable: (a) for the purposes of making a decision on an application for approval as a VET provider under clause
6
of Schedule
1A
to the
Higher Education Support Act 2003
-
in relation to applications for approval made on or after 1 January 2013; and (b) in any other case
-
in relation to a VET provider approved before, on or after 1 January 2013.
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