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 37   Determination retaining approval as a provider in respect of existing students following suspension of approval   Suspension pending revocation

37(1)  
The Minister may determine, in writing, that a suspension of a body ' s approval as a *VET provider under subclause 36(1) is of no effect for purposes of or relating to assistance payable to the body ' s students under Part 2 to the extent that the assistance relates to students of the body who have not completed the *VET courses of study in which they were enrolled with the body on the day specified for the purposes of paragraph 36(4)(a) .

37(2)  
A copy of the determination must be given to the body concerned.

37(3)  
The body is taken, for the purposes of this Schedule, to continue to be a *VET provider, but only to the extent referred to in subclause (1).

37(4)  
Subclause (3) does not prevent the Minister subsequently revoking the body ' s approval as a *VET provider under this Division.

37(5)  
A determination made under subclause (1) is not a legislative instrument. Suspension for poor performance - no impact on existing students

37(6)  
A suspension of a body ' s approval as a *VET provider under subclause 36(5) is of no effect for purposes of or relating to assistance payable to the body ' s students under Part 2 to the extent that the assistance relates to students of the body who have not completed the *VET courses of study in which they were enrolled with the body before the day the suspension starts (see paragraph 36(6)(a) ).

Note:

One consequence of this subclause is that clauses 45E and 46B (which apply if the body ' s VET FEE-HELP account is in deficit at the end of a calendar year) will continue to apply to the body during the suspension.




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