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-C - Process for decisions on revocation under Subdivision 22-B  

SECTION 22-20   Process for revoking approval  

22-20(1)  
Before revoking a body ' s approval as a higher education provider under Subdivision 22-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.

22-20(2)  
In deciding whether or not to revoke a body ' s approval under Subdivision 22-B , the Minister must consider any submissions received from the body within the 28 day period.

22-20(3)  
The Minister must notify the body in writing of his or her decision whether to revoke the body ' s approval under Subdivision 22-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 subsection (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.

22-20(3A)  
A notice of revocation under subsection (3) is a legislative instrument.

22-20(4)  
If no notice is given within the period provided for in subsection (3), the Minister is taken to have decided not to revoke the approval.

22-20(5)  


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 (3) is registered in the *Federal Register of Legislation.

22-20(6)  


If the notice of revocation under subsection (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.



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