Higher Education Support Act 2003
Note:
See section 6-1 .
View history note
Hide history noteSch 1A inserted by No 170 of 2007, s 3 and Sch 1 item 17, effective 1 January 2008.
Pt 1 Div 5 substituted by No 17 of 2021, s 3 and Sch 1 item 14, effective 1 July 2021. No 17 of 2021, s 3 and Sch 1 item 17 contains the following saving provision:
17 Saving of requirements on earlier revocations
(1)
This item applies if:
(a)
before the commencement of this item, a body had its approval as a *VET provider revoked; and
(b)
immediately before that commencement, the revocation was subject to conditions under clause
39
of Schedule
1A
to the
Higher Education Support Act 2003
.
(2)
Despite the repeal of clause
39
of Schedule
1A
to the
Higher Education Support Act 2003
by this Part, that clause continues to apply in relation to the body as if the repeal had not happened.
Pt 1 Div 5 formerly read:
Divison 5 - When does a body cease to be a VET provider?
Subdivision 5-A - General
SECTION 29 SECTION 29 Cessation of approval as a provider
29
A body ceases to be approved as a *VET provider:
(a) if a decision to revoke the approval is in effect under Subdivision 5-AA, 5-B or 5-D; or
(b) while the approval is suspended under clause 36; or
(c) if the notice of the provider ' s approval ceases to have effect under Part 2 of Chapter 3 (parliamentary scrutiny of legislative instruments) of the Legislation Act 2003 .HistoryPt 1 cl 29 amended by No 126 of 2015, s 3 and Sch 1 item 282, 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 (c), effective 5 March 2016.
Pt 1 cl 29 amended by No 23 of 2013, s 3 and Sch 1 item 4, by inserting " 5-AA, " in para (a), applicable in relation to a higher education provider or a VET provider approved before, on or after 29 March 2013.
Pt 1 cl 29 amended by No 160 of 2012, s 3 and Sch 2 item 9, by substituting para (a), 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. Para (a) formerly read:
(a) if the approval is revoked under Subdivision 5-B or 5-D; orPt 1 cl 29 amended by No 39 of 2009, s 3 and Sch 2 item 7, by inserting para (c) at the end, effective 24 June 2009. For application and transitional provisions, see note under s 16-5(3) .
SECTION 29A SECTION 29A Minister to notify relevant VET Regulator of cessation of approval
29A
If a body ceases to be approved as a *VET provider, the Minister must ensure that the relevant *VET Regulator is notified, in writing, of the cessation.HistoryPt 1 cl 29A inserted by No 14 of 2011, s 3 and Sch 1 item 44, effective 1 July 2011.
Subdivision 5-AA - Revocation of approval if registration ceases or winding up order made
SECTION 29B Automatic revocation of approval if registration ceasesHistoryPt 1 subdiv 5-AA inserted by No 23 of 2013, s 3 and Sch 1 item 5, applicable in relation to a higher education provider or a VET provider approved before, on or after 29 March 2013.
29B(1)
The Minister must revoke a body ' s approval as a *VET provider if:
(a) the body ceases to be listed as a *registered training organisation on the *National Register; and
(b) in a case where the relevant *VET Regulator has made any of the following decisions, the decision has not been set aside or quashed, and is no longer *subject to review:
(i) a decision under section 31 of the National Vocational Education and Training Regulator Act 2011 to refuse an application to renew the body ' s registration as an NVR registered training organisation;
(ii) a decision under section 39 of that Act to cancel the body ' s registration as an NVR registered training organisation;
(iii) a decision under a law of a State that has a similar effect to a decision referred to in subparagraph (i) or (ii).
29B(2)
The Minister must notify the body in writing of the revocation. The notice must specify that the revocation takes effect on the day that the notice is registered in the *Federal Register of Legislation.HistoryPt 1 cl 29B(2) amended by No 126 of 2015, s 3 and Sch 1 item 283, by substituting " *Federal Register of Legislation " for " *Federal Register of Legislative Instruments " , effective 5 March 2016.
29B(3)
A notice of revocation under subclause (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the notice.HistoryPt 1 cl 29B(3) amended by No 126 of 2015, s 3 and Sch 1 item 284, by substituting " Legislation Act 2003 " for " Legislative Instruments Act 2003 " , effective 5 March 2016.
29B(4)
A decision of the Minister to revoke a body ' s approval as a *VET provider takes effect on the day that the notice of revocation under subclause (2) is registered in the *Federal Register of Legislation.HistoryPt 1 cl 29B(4) amended by No 126 of 2015, s 3 and Sch 1 item 285, by substituting " *Federal Register of Legislation " for " *Federal Register of Legislative Instruments " , effective 5 March 2016.
SECTION 29C Automatic revocation of approval if winding up order madeHistoryPt 1 cl 29B inserted by No 23 of 2013, s 3 and Sch 1 item 5, applicable in relation to a higher education provider or a VET provider approved before, on or after 29 March 2013 and to a VET provider that ceases to be listed as a registered training organisation on the National Register on or after 29 March 2013.
29C(1)
The Minister must revoke a body ' s approval as a *VET provider if:
(a) an order is made by a court, or by the Australian Securities and Investments Commission under Part 5.4C of the Corporations Act 2001 , for the winding up of the body; and
(b) the order has not been set aside or quashed, and is no longer *subject to review.
29C(2)
The Minister must notify the body in writing of the revocation. The notice must specify that the revocation takes effect on the day that the notice is registered in the *Federal Register of Legislation.HistoryPt 1 cl 29C(2) amended by No 126 of 2015, s 3 and Sch 1 item 285, by substituting " *Federal Register of Legislation " for " *Federal Register of Legislative Instruments " , effective 5 March 2016.
29C(3)
A notice of revocation under subclause (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the notice.HistoryPt 1 cl 29C(3) amended by No 126 of 2015, s 3 and Sch 1 item 286, by substituting " Legislation Act 2003 " for " Legislative Instruments Act 2003 " , effective 5 March 2016.
29C(4)
A decision of the Minister to revoke a body ' s approval as a *VET provider takes effect on the day that the notice of revocation under subclause (2) is registered in the *Federal Register of Legislation.HistoryPt 1 cl 29C(4) amended by No 126 of 2015, s 3 and Sch 1 item 287, by substituting " *Federal Register of Legislation " for " *Federal Register of Legislative Instruments " , effective 5 March 2016.
HistoryPt 1 cl 29C inserted by No 23 of 2013, s 3 and Sch 1 item 5, applicable in relation to a higher education provider or a VET provider approved before, on or after 29 March 2013 and to a VET provider if an order is made, on or after 29 March 2013, for the winding up of the provider.
Subdivision 5-B - Revocation for cause
SECTION 30 SECTION 30 Revocation of approval if application for approval as a provider is false or misleading
30
The Minister may revoke a body ' s approval as a *VET provider if the Minister:
(a) is satisfied that the body ' s application under clause 9 for approval as a VET provider contained material that was false or misleading; and
(b) complies with the requirements of clause 34.
SECTION 30A SECTION 30A Revocation of approval if body ' s links to Australia are broken
30A
The Minister may revoke a body ' s approval as a *VET provider if:
(a) the body ceases to be one described in paragraph 6(1)(a) or 6(1A)(b); and
(b) the Minister complies with the requirements of clause 34.HistoryPt 1 cl 30A amended by No 160 of 2012, s 3 and Sch 1 item 18, by inserting " or 6(1A)(b) " in para (a), applicable in relation to a VET provider approved before, on or after 1 January 2013.
Pt 1 cl 30A amended by No 72 of 2011, s 3 and Sch 1 item 24, by substituting " paragraph 6(1)(a) " for " paragraph 6(a) " in para (a), effective 30 June 2011.
Pt 1 cl 30A inserted by No 39 of 2009, s 3 and Sch 1 item 3, applicable to an approval granted before, on or after 24 June 2009.
SECTION 31 SECTION 31 Revocation of approval if providing education ceases to be the body ' s principal purpose
31
The Minister may revoke a body ' s approval as a *VET provider if:
(a) either:
(i) providing education is no longer, or is no longer taken to be, the body ' s principal purpose; or
(ii) the Minister is satisfied that any of the body ' s purposes conflict with the body ' s principal purpose of providing education; and
(b) the Minister complies with the requirements of clause 34.HistoryPt 1 cl 31 amended by No 72 of 2011, s 3 and Sch 1 item 25, by substituting para (a), applicable in relation to an approval given before, on or after 30 June 2011. Para (a) formerly read:
(a) the body ' s principal purpose is no longer to provide education; and
SECTION 32 SECTION 32 Revocation of approval as a provider if body ceases to be a registered training organisation
32
(Repealed by No 23 of 2013)HistoryPt 1 cl 32 repealed by No 23 of 2013, s 3 and Sch 1 item 6, applicable in relation to a higher education provider or a VET provider approved before, on or after 29 March 2013. Cl 32 continues to apply in relation to a VET provider that had ceased to be listed as a registered training organisation on the National Register before 29 March 2013. Cl 32 formerly read:
SECTION 32 Revocation of approval as a provider if body ceases to be a registered training organisation
32
The Minister may revoke a body ' s approval as a *VET provider if:
(a) the body ceases to be listed as a *registered training organisation on the *National Register; and
(b) the Minister complies with the requirements of clause 34.Pt 1 cl 32 substituted by No 14 of 2011, s 3 and Sch 1 item 45, effective 1 July 2011. Cl 32 formerly read:
SECTION 32 Revocation of approval as a provider if body ceases to be a registered training organisation
32
The Minister may revoke a body ' s approval as a *VET provider if:
(a) the body was listed as a registered training organisation on *NTIS at the last time the body became a VET provider; and
(b) since that time, the body has ceased to be listed as a registered training organisation on NTIS; and
(c) the Minister complies with the requirements of clause 34.
SECTION 32A SECTION 32A Revocation of approval if body ceases to offer VET courses of study
32A
The Minister may revoke a body ' s approval as a *VET provider if:
(a) the body no longer offers any *VET courses of study; and
(b) the Minister complies with the requirements of clause 34.SECTION 33 Revocation of approval as a provider for a breach of the VET quality and accountability requirements or of conditionsHistoryPt 1 cl 32A inserted by No 39 of 2009, s 3 and Sch 1 item 5, applicable to an approval granted as a result of an application made after 24 June 2009.
33(1)
The Minister may revoke a body ' s approval as a *VET provider if the Minister:
(a) is satisfied that the body has either:
(i) breached a *VET quality and accountability requirement; or
(ii) breached a condition imposed on the body ' s approval; and
(b) is satisfied that it is appropriate to take that action (see subclause (2)); and
(c) complies with the requirements of clause 34.Note:
Clause 12A allows conditions to be imposed on the body ' s approval.
HistoryPt 1 cl 33(1) amended by No 72 of 2011, s 3 and Sch 1 items 26 and 27, by substituting para (a) and inserting the note at the end, applicable in relation to a body approved as a VET provider before, on or after 30 June 2011. Para (a) formerly read:
(a) is satisfied that the body has breached a *VET quality and accountability requirement; and
33(2)
Without limiting the matters that the Minister may consider in deciding whether it is appropriate under this clause to revoke a body ' s approval as a *VET provider, the Minister may consider any or all of the following matters:
(a) whether the breach in question is of a minor or major nature;
(b) whether the breach has occurred before and, if so, how often;
(c) the impact that the breach may have on the body ' s students;
(d) the impact of the breach on the *VET courses of study provided by the body;
(e) the impact of the breach on Australia ' s reputation as a provider of high quality education;
(f) any other matter set out in the *VET Guidelines.HistoryPt 1 cl 33(2) amended by No 160 of 2012, s 3 and Sch 3 item 23, by omitting " Provider " before " Guidelines. " from para (f), 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 33(2) amended by No 14 of 2011, s 3 and Sch 1 item 46, by substituting " *VET courses of study " for " *accredited VET courses " in para (d), effective 1 July 2011.
SECTION 33A Revocation of approval as a provider if provider etc. not a fit and proper person
33A(1)
The Minister may revoke a body ' s approval as a *VET provider if the Minister:
(a) is satisfied that:
(i) the body; oris not a fit and proper person; and
(ii) at least one person who makes, or participates in making, decisions that affect the whole, or a substantial part, of the body ' s affairs;
(b) complies with the requirements of clause 34.
33A(2)
The Minister must, in deciding whether he or she is satisfied that a person is not a fit and proper person, take into account the matters specified in an instrument under subclause 6(4). The Minister may take into account any other matters he or she considers relevant.
HistoryPt 1 cl 33A inserted by No 72 of 2011, s 3 and Sch 1 item 28, applicable in relation to an approval given before, on or after 30 June 2011.
Subdivision 5-C - Process for decisions on revocation under Subdivision 5-B
SECTION 34A SECTION 34A Minister may seek information from relevant VET Regulator
34A
(Repealed by No 23 of 2013)HistoryPt cl 34A repealed by No 23 of 2013, s 3 and Sch 5 item 4, effective 29 March 2013. Cl 34A formerly read:
SECTION 34A Minister may seek information from relevant VET Regulator
34A
For the purpose of determining whether:
(a) to revoke a body ' s approval as a *VET provider; or
(b) to suspend a body ' s approval as a VET provider;the Minister may seek information from the relevant *VET Regulator.
Pt 1 cl 34A substituted by No 160 of 2012, s 3 and Sch 2 item 25, applicable in relation to decisions to revoke or suspend a body ' s approval as a VET provider made before, on or after 29 November 2012. Pt 1 cl 34A formerly read:
SECTION 34A Minister may seek information from relevant VET Regulator
34A
For the purpose of deciding whether it is appropriate to:
(a) revoke a body ' s approval as a *VET provider; or
(b) determine that a body ' s approval as a *VET provider is to be suspended;the Minister may seek information from the relevant *VET Regulator.
Pt 1 cl 34A inserted by No 14 of 2011, s 3 and Sch 1 item 47, effective 1 July 2011.
SECTION 34B SECTION 34B Minister may seek information from TEQSA
34B
(Repealed by No 23 of 2013)SECTION 34 Process for revoking approvalHistoryPt 1 cl 34B repealed by No 23 of 2013, s 3 and Sch 5 item 4, effective 29 March 2013. Cl 34B formerly read:
SECTION 34B Minister may seek information from TEQSA
34B
For the purpose of determining whether:
(a) to revoke a body ' s approval as a *VET provider; or
(b) to suspend a body ' s approval as a VET provider;the Minister may seek information from *TEQSA.
Pt 1 cl 34B inserted by No 160 of 2012, s 3 and Sch 2 item 25, applicable in relation to decisions to revoke or suspend a body ' s approval as a VET provider made before, on or after 29 November 2012.
34(1)
Before revoking a body ' s approval as a *VET provider under Subdivision 5-B, the Minister must give the body notice in writing:
(a) stating that the Minister is considering revoking the body ' s approval; and
(b) stating the reasons why the Minister is considering revoking the body ' s approval; and
(c) inviting the body to make written submissions to the Minister within 28 days concerning why the approval should not be revoked.
34(2)
In deciding whether or not to revoke a body ' s approval under Subdivision 5-B, the Minister must consider any submissions received from the body within the 28 day period.
34(3)
The Minister must notify the body in writing of his or her decision whether to revoke the body ' s approval under Subdivision 5-B. The notice:
(a) must be in writing; and
(b) must be given within the period of 28 days following the period in which submissions may have been given to the Minister under subclause (1); and
(c) if the Minister decides to revoke the body ' s approval - must specify that the revocation takes effect on the day that the notice is registered in the *Federal Register of Legislation.HistoryPt 1 cl 34(3) amended by No 126 of 2015, s 3 and Sch 1 item 288, by substituting " *Federal Register of Legislation " for " *Federal Register of Legislative Instruments " in para (c), effective 5 March 2016.
Pt 1 cl 34(3) amended by No 160 of 2012, s 3 and Sch 2 item 10, by substituting para (c), 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. Para (c) formerly read:
(c) if the Minister decides to revoke the body ' s approval - must specify the day that the revocation takes effect.
34(3A)
A notice of revocation under subclause (3) is a legislative instrument.HistoryPt 1 cl 34(3A) inserted by No 160 of 2012, s 3 and Sch 2 item 11, 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.
34(4)
If no notice is given within the period provided for in subclause (3), the Minister is taken to have decided not to revoke the approval.
34(5)
A decision of the Minister to revoke a body ' s approval as a *VET provider takes effect on the day that the notice of revocation under subclause (3) is registered in the *Federal Register of Legislation.HistoryPt 1 cl 34(5) amended by No 126 of 2015, s 3 and Sch 1 item 289, by substituting " *Federal Register of Legislation " for " *Federal Register of Legislative Instruments " , effective 5 March 2016.
Pt 1 cl 34(5) substituted by No 160 of 2012, s 3 and Sch 2 item 12, 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. Pt 1 cl 34(5) formerly read:
34(5)
If the Minister decides to revoke the body ' s approval:
(a) the revocation takes effect on the day specified in the notice under subclause (3); and
(b) a copy of the notice must be published in the Gazette .
34(6)
If the notice of revocation under subclause (3) ceases to have effect under Part 2 of Chapter 3 (parliamentary scrutiny of legislative instruments) of the Legislation Act 2003 , then the decision to revoke the approval ceases to have effect at the same time.HistoryPt 1 cl 34(6) amended by No 126 of 2015, s 3 and Sch 1 item 290, 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 " , effective 5 March 2016.
Pt 1 cl 34(6) inserted by No 160 of 2012, s 3 and Sch 2 item 12, 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.
SECTION 35 Determination retaining approval as a provider in respect of existing students
35(1)
The Minister may determine, in writing, that a revocation of a body ' s approval as a *VET provider under Subdivision 5-B is of no effect for the purposes of assistance payable to the body ' s students under Part 2 to the extent that the assistance relates to students of the body who have not completed the *VET courses of study in which they were enrolled with the body on the day referred to in subclause 34(5).HistoryPt 1 cl 35(1) amended by No 160 of 2012, s 3 and Sch 2 item 13, by substituting " referred to in subclause 34(5) " for " specified for the purposes of paragraph 34(5)(a) " , 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.
35(2)
The determination may be included in the notice of revocation under subclause 34(3).
35(3)
The body is taken, for the purposes of this Schedule, to continue to be a *VET provider, but only to the extent referred to in subclause (1).
35(4)
Subclause (3) does not prevent the Minister subsequently revoking the body ' s approval as a *VET provider under this Division.
SECTION 36 Suspension of approval as a provider
Suspension pending revocation
36(1)
The Minister may, by legislative instrument, determine that, with effect from a specified day, a body ' s approval as a *VET provider is suspended pending the making of a decision under Subdivision 5-B as to whether to revoke the body ' s approval as a provider.
36(2)
A copy of the determination must be given to the body concerned.
36(2A)
Before making a determination under subclause (1) in respect of a body, the Minister must give the body notice in writing:
(a) stating that the Minister is considering suspending the body ' s approval; and
(b) stating the reasons why the Minister is considering suspending the body ' s approval; and
(c) inviting the body to respond to the Minister, in writing, within 14 days of the date of the notice.History
36(2B)
In deciding whether or not to make a determination under subclause (1), the Minister must consider any response received from the body within the 14 day period.History
36(3)
If the Minister makes a determination under subclause (1) in respect of a body, the Minister must give to the Body a notice under clause 34 within a reasonable period of time after giving a copy of the determination to the body.History
36(4)
A determination under this clause:
(a) takes effect accordingly on the day specified in the determination; and
(b) ceases to have effect if the Minister decides not to revoke the body ' s approval as a *VET provider.
Suspension for poor performance
36(5)
The *Secretary may, in writing, suspend a body ' s approval as a *VET provider if:
(a) an audit of the body has been conducted about any or all of the matters in paragraph 26(1)(b); and
(b) the audit identified one or more concerns; and
(c) those concerns have yet to be resolved as described in paragraph (6)(b).HistoryPt 1 cl 36(5) inserted by No 168 of 2015, s 3 and Sch 1 item 8B, effective 31 December 2015.
36(6)
The suspension:
(a) starts on the day of the decision under subclause (5); and
(b) ends on the day (if any) that the *Secretary notifies the body, in writing, that the Secretary reasonably believes that those concerns have been satisfactorily resolved by the body in accordance with a plan agreed between the body and the Commonwealth.HistoryPt 1 cl 36(6) inserted by No 168 of 2015, s 3 and Sch 1 item 8B, effective 31 December 2015.
36(7)
Before making a decision under subclause (5), the *Secretary must give the body a notice in writing:
(a) stating that the Secretary is considering making the decision; and
(b) stating the reasons why the Secretary is considering making the decision; and
(c) inviting the body to respond to the Secretary, in writing, within 14 days; and
(d) informing the body that, if no response is received within the 14 day period, the Secretary may proceed to make the decision.HistoryPt 1 cl 36(7) inserted by No 168 of 2015, s 3 and Sch 1 item 8B, effective 31 December 2015.
36(8)
In deciding whether to make the decision under subclause (5), the *Secretary must consider any response received from the body within the 14 day period.HistoryPt 1 cl 36(8) inserted by No 168 of 2015, s 3 and Sch 1 item 8B, effective 31 December 2015.
36(9)
The *Secretary must give written notice of a decision under subclause (5) to the body. The notice must be given within 14 days after the day the decision was made.HistoryPt 1 cl 36(9) inserted by No 168 of 2015, s 3 and Sch 1 item 8B, effective 31 December 2015.
SECTION 37 Determination retaining approval as a provider in respect of existing students following suspension of approval
Suspension pending revocation
37(1)
The Minister may determine, in writing, that a suspension of a body ' s approval as a *VET provider under subclause 36(1) is of no effect for purposes of or relating to assistance payable to the body ' s students under Part 2 to the extent that the assistance relates to students of the body who have not completed the *VET courses of study in which they were enrolled with the body on the day specified for the purposes of paragraph 36(4)(a).HistoryPt 1 cl 37(1) amended by No 168 of 2015, s 3 and Sch 1 item 8D, by substituting " subclause 36(1) is of no effect for purposes of or relating to " for " clause 36 is of no effect for the purposes of " , effective 31 December 2015.
37(2)
A copy of the determination must be given to the body concerned.
37(3)
The body is taken, for the purposes of this Schedule, to continue to be a *VET provider, but only to the extent referred to in subclause (1).
37(4)
Subclause (3) does not prevent the Minister subsequently revoking the body ' s approval as a *VET provider under this Division.
37(5)
A determination made under subclause (1) is not a legislative instrument.
Suspension for poor performance - no impact on existing students
37(6)
A suspension of a body ' s approval as a *VET provider under subclause 36(5) is of no effect for purposes of or relating to assistance payable to the body ' s students under Part 2 to the extent that the assistance relates to students of the body who have not completed the *VET courses of study in which they were enrolled with the body before the day the suspension starts (see paragraph 36(6)(a)).Note:
One consequence of this subclause is that clauses 45E and 46B (which apply if the body ' s VET FEE-HELP account is in deficit at the end of a calendar year) will continue to apply to the body during the suspension.
HistoryPt 1 cl 37(6) inserted by No 168 of 2015, s 3 and Sch 1 item 8E, effective 31 December 2015.
SECTION 38 SECTION 38 Revocations are legislative instruments
38
(Repealed by No 160 of 2012)HistoryPt 1 cl 38 repealed by No 160 of 2012, s 3 and Sch 2 item 14, 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. Pt 1 cl 38 formerly read:
SECTION 38 Revocations are legislative instruments
38(1)
A notice of revocation under subclause 34(3) is a legislative instrument.
38(2)
A decision of the Minister to revoke the approval of a *VET provider takes effect at the later of the following times:
(a) on the day immediately after the last day on which a resolution referred to in subsection 42(1) of the Legislative Instruments Act 2003 disallowing the notice could be passed;
(b) the day specified in the notice of revocation under subclause 34(3) as the day on which the revocation takes effect.
Subdivision 5-D - Revocation of approval on application
SECTION 39 Revocation of approval as a provider on application
39(1)
The Minister must revoke the approval of a body as a *VET provider if the body requests the Minister in writing to revoke the approval.HistoryPt 1 cl 39(1) amended by No 168 of 2015, s 3 and Sch 1 item 8F, by substituting " must revoke " for " may revoke " , applicable in relation to requests for revocation made on or after 1 January 2016.
39(2)
The request must be given to the Minister at least 30 days before the day on which the revocation is requested to have effect.
39(2A)
The revocation is subject to the condition that, after the revocation:
(a) clauses 45E and 46B continue to apply to the body as if the body were still approved as a *VET provider; and
(b) other provisions of this Act, or the *VET Guidelines, that:
(i) relate (directly or indirectly) to entitlements to *VET FEE-HELP assistance arising before the revocation; andcontinue to apply to the body as if the body were still approved as a VET provider.
(ii) are specified in the notice of revocation under subclause (3) of this clause;HistoryPt 1 cl 39(2A) inserted by No 168 of 2015, s 3 and Sch 1 item 8G, applicable in relation to requests for revocation made on or after 1 January 2016.
39(3)
The Minister must cause the body to be notified of the revocation. The notice must:
(a) be in writing; and
(b) be given to the body at least 14 days before the day on which the revocation is to take effect.
39(4)
A notice of revocation under subclause (3) is a legislative instrument.
39(5)
The revocation has effect on the day requested unless another day is specified in the notice under subclause (3).
Subdivision 5-E - Notice of approval or revocation ceasing to have effect under the Legislation Act 2003
SECTION 39A Notice of approval ceasing to have effect under the Legislation Act 2003HistoryPt 1 subdiv 5-E heading substituted by No 126 of 2015, s 3 and Sch 1 item 291, effective 5 March 2016. The heading formerly read:
Subdivision 5-E - Notice of approval or revocation ceasing to have effect under the Legislative Instruments Act 2003
Pt 1 subdiv 5-E heading substituted by No 160 of 2012, s 3 and Sch 2 item 15, 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 5-E - Notice of approval ceasing to have effect under the Legislative Instruments Act 2003
Pt 1 subdiv 5-E inserted by No 39 of 2009, s 3 and Sch 2 item 8, effective 24 June 2009. For application and transitional provisions, see note under s 16-5(3) .
39A(1)
This clause applies if:
(a) a decision of the Minister to approve a body 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 2 of Chapter 3 (parliamentary scrutiny of legislative instruments) of the Legislation Act 2003 .HistoryPt 1 cl 39A(1) amended by No 126 of 2015, s 3 and Sch 1 item 293, 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.
Pt 1 cl 39A(1) amended by No 160 of 2012, s 3 and Sch 1 item 19, by omitting " corporate " after " body " in para (a), applicable in relation to a VET provider approved before, on or after 1 January 2013.
39A(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.
SECTION 39B Notice of revocation ceasing to have effect under the Legislation Act 2003HistoryPt 1 cl 39A inserted by No 39 of 2009, s 3 and Sch 2 item 8, effective 24 June 2009. For application and transitional provisions, see note under s 16-5(3) .
39B(1)
This clause applies if:
(a) a decision of the Minister to revoke a body ' s approval as a *VET 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 .HistoryPt 1 cl 39B(1) amended by No 126 of 2015, s 3 and Sch 1 item 295, 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.
39B(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.
HistoryPt 1 cl 39B inserted by No 160 of 2012, s 3 and Sch 2 item 16, 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.
Revocation of approval
29(1)
If an approval of a body as a *VET provider is in force immediately before 1 July 2021, the approval is revoked at the start of that day.
Continuing application of Act etc.
29(2)
Despite the revocation of a body ' s approval as a *VET provider by subclause (1) : (a) the Act, and the *VET Guidelines, continue to apply in relation to the body on and after 1 July 2021 as if the body were still a VET provider; and (b) any conditions:
(i) imposed on the approval of the body; and
continue to apply to the body on and after 1 July 2021 as if the body were still a VET provider.
(ii) in effect immediately before 1 July 2021;
29(3)
Subclause (2) applies for the purpose of dealing with or resolving any matter that arose under this Act during, or that relates to, the period when the body was approved as a *VET provider.
29(4)
To avoid doubt, if a body that has had its approval revoked by subclause (1) would be required or empowered, but for the revocation, to do a thing under, or for the purposes of, Subdivision 7-B of Division 7 of Part 2 (which deals with re-crediting), the body is, on and after 1 July 2021, required or empowered to do the thing as if the body were still a *VET provider.
Interaction with the Acts Interpretation Act 1901
29(5)
This clause does not limit the effect of section 7 of the Acts Interpretation Act 1901 .
Pt 1 cl 29 substituted by No 17 of 2021, s 3 and Sch 1 item 14, effective 1 July 2021.
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