Higher Education Support Act 2003

Schedule 1A - VET FEE-HELP Assistance Scheme  

Note:

See section 6-1 .

PART 1 - VET providers  

Divison 5 - When does a body cease to be a VET provider?  

Subdivision 5-C - Process for decisions on revocation under Subdivision 5-B  

SECTION 34   Process for revoking approval  

34(1)  
Before revoking a body ' s approval as a *VET provider under Subdivision 5-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.

34(2)  
In deciding whether or not to revoke a body ' s approval under Subdivision 5-B , the Minister must consider any submissions received from the body within the 28 day period.

34(3)  
The Minister must notify the body in writing of his or her decision whether to revoke the body ' s approval under Subdivision 5-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 subclause (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.

34(3A)  
A notice of revocation under subclause (3) is a legislative instrument.

34(4)  
If no notice is given within the period provided for in subclause (3), the Minister is taken to have decided not to revoke the approval.

34(5)  
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 (3) is registered in the *Federal Register of Legislation.

34(6)  
If the notice of revocation under subclause (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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