Higher Education Support Act 2003

Chapter 2 - Grants for higher education assistance etc  

PART 2-1 - HIGHER EDUCATION PROVIDERS  

Division 22 - When does a body cease to be a higher education provider?  

Subdivision 22-E - Notice of approval or revocation ceasing to have effect under the Legislation Act 2003  

SECTION 22-45   Notice of approval ceasing to have effect under the Legislation Act 2003  

22-45(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 2 of Chapter 3 (parliamentary scrutiny of legislative instruments) of the Legislation Act 2003 .

22-45(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.