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

2   After Subdivision 22-A

Insert:

Subdivision 22-AA - Revocation of approval if registration ceases or winding up order made

22-2 Automatic revocation of approval if registration ceases

(1) The Minister must revoke a body's approval as a higher education provider if:

(a) the body is no longer a*registered higher education provider; and

(b) in a case where*TEQSA has made either of the following decisions under the*TEQSA Act, the decision has not been set aside or quashed, and is no longer*subject to review:

(i) a decision under section 36 of that Act to refuse an application to renew the body's registration under Part 3 of that Act;

(ii) a decision under section 101 of that Act to cancel the body's registration under Part 3 of that Act.

(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 subsection (2) is a legislative instrument, but section 42 (disallowance) of theLegislative Instruments Act 2003 does not apply to the notice.

(4) A decision of the Minister to revoke a body's approval as a higher education provider takes effect on the day that the notice of revocation under subsection (2) is registered in the *Federal Register of Legislative Instruments.

22-3 Automatic revocation of approval if winding up order made

(1) The Minister must revoke a body's approval as a higher education 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 subsection (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 higher education provider takes effect on the day that the notice of revocation under subsection (2) is registered in the *Federal Register of Legislative Instruments.