Higher Education Support Amendment (VET FEE-HELP and Providers) Act 2009 (39 of 2009)

Schedule 2   Date of effect of approval of providers

Higher Education Support Act 2003

4   At the end of Division 22

Add:

Subdivision 22-E - Notice of approval ceasing to have effect under the Legislative Instruments Act 2003

22-45 Notice of approval ceasing to have effect under the Legislative Instruments Act 2003

(1) This section applies if:

(a) a decision of the Minister to approve a body corporate as a higher education provider has taken effect; and

(b) the body ceases to be approved as a higher education provider because the notice of the approval ceases to have effect under Part 5 (Parliamentary scrutiny of legislative instruments) of theLegislative Instruments Act 2003.

(2) The fact that the body ceases to be approved as a higher education 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 higher education 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 higher education provider.