Higher Education Support Amendment (Streamlining and Other Measures) Act 2012 (160 of 2012)

Schedule 2   Approval and revocation of approval

Part 1   Date of effect of revocation of approval

Division 1   Amendments

Higher Education Support Act 2003

8   At the end of Part 2-1

Add:

22-50 Notice of revocation ceasing to have effect under the Legislative Instruments Act 2003

(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 5 (Parliamentary scrutiny of legislative instruments) of the Legislative Instruments Act 2003.

(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.