Higher Education Support Act 2003

Chapter 2 - Grants for higher education assistance etc

PART 2-1 - HIGHER EDUCATION PROVIDERS

Division 16 - What is a higher education provider?

Subdivision 16-A - General

SECTION 16-5 When a body becomes or ceases to be a higher education provider

16-5(1)
A *listed provider is taken to be approved as a higher education provider from the commencement of this Act.

16-5(1A)

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A *Table C provider is taken to be approved as a higher education provider from the commencement of the provision that included the provider in Table C in section 16-22 .

16-5(2)
A body corporate:

(a) that is not a *listed provider or a *Table C provider; or

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(b) that is a listed provider or a Table C provider that has previously ceased to be a higher education provider;

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becomes a provider if approved by the Minister under section 16-25.

16-5(3)

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A higher education provider ceases to be a provider if the provider ' s approval is revoked or suspended under Division 22 or the notice of the provider ' s approval ceases to have effect under Part 2 of Chapter 3 (parliamentary scrutiny of legislative instruments) of the Legislation Act 2003 .

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History

S 16-5(3) amended by No 126 of 2015, s 3 and Sch 1 item 259, by substituting " Part 2 of Chapter 3 (parliamentary scrutiny of legislative instruments) of the Legislation Act 2003 " for " Part 5 (Parliamentary scrutiny of legislative instruments) of the Legislative Instruments Act 2003 " , effective 5 March 2016.

S 16-5(3) amended by No 39 of 2009, s 3 and Sch 2 item 1, by inserting " or the notice of the provider ' s approval ceases to have effect under Part 5 (Parliamentary scrutiny of legislative instruments) of the Legislative Instruments Act 2003 " at the end, effective 24 June 2009. No 39 of 2009, s 3 and Sch 2 item 9 contains the following application and transitional provisions:

Application and transitional provisions
(1)
The amendments made by this Schedule apply in relation to the following decisions to approve bodies corporate as higher education providers or VET providers:

(a) decisions that were made on or after 24 June 2009;

(b) decisions that were made before 24 June 2009, except:

(i) decisions that took effect before 24 June 2009; and

(ii) decisions, notices of which ceased to have effect under Part 5 (Parliamentary scrutiny of legislative instruments) of the Legislative Instruments Act 2003 before that commencement.

(2)
However, a decision to approve a body corporate as a higher education provider or VET provider takes effect on 24 June 2009 if:

(a) notice of the approval was registered under the Legislative Instruments Act 2003 before 24 June 2009; and

(b) apart from this subitem, the decision would have taken effect before 24 June 2009 because of the amendments made by this Schedule applying as described in subitem (1).

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