Higher Education Support Amendment (Further Streamlining and Other Measures) Act 2013 (23 of 2013)
Schedule 1 Automatic revocation of approval
Part 1 Amendments
Higher Education Support Act 2003
5 After Subdivision 5-A of Schedule 1A
Insert:
Subdivision 5-AA - Revocation of approval if registration ceases or winding up order made
29B Automatic revocation of approval if registration ceases
(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).
(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 Legislative Instruments.
(3) A notice of revocation under subclause (2) is a legislative instrument, but section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply to the notice.
(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 Legislative Instruments.
29C Automatic revocation of approval if winding up order made
(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.
(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 Legislative Instruments.
(3) A notice of revocation under subclause (2) is a legislative instrument, but section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply to the notice.
(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 Legislative Instruments.