Commonwealth Numbered Acts Commonwealth Numbered ActsHigher Education Support Act 2003
1 Paragraph 22-1(1)(a)
After "Subdivision", insert "22-AA,".
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 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.
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.
3 Subsection 22-10(6)
Repeal the subsection.
4 Paragraph 29(a) of Schedule 1A
After "Subdivision", insert "5-AA,".
5 After Subdivision 5-A of Schedule 1A
Insert:
Subdivision 5-AA -- Revocation of approval if registration ceases or winding up order made
29B Automatic revocation of approval if registration ceases
(1) The Minister must revoke a body's approval as a * VET provider if:
(a) the body ceases to be listed as a * registered training organisation on the * National Register; and
(b) in a case where the relevant * VET Regulator has made any of the following decisions, the decision has not been set aside or quashed, and is no longer * subject to review:
(i) a decision under section 31 of the National Vocational Education and Training Regulator Act 2011 to refuse an application to renew the body's registration as an NVR registered training organisation;
(ii) a decision under section 39 of that Act to cancel the body's registration as an NVR registered training organisation;
(iii) a decision under a law of a State that has a similar effect to a decision referred to in subparagraph (i) or (ii).
(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 subclause (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 * VET provider takes effect on the day that the notice of revocation under subclause (2) is registered in the * Federal Register of Legislative Instruments.
29C Automatic revocation of approval if winding up order made
(1) The Minister must revoke a body's approval as a * VET 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 subclause (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 * VET provider takes effect on the day that the notice of revocation under subclause (2) is registered in the * Federal Register of Legislative Instruments.
6 Clause 32 of Schedule 1A
Repeal the clause.
7 Subclause 1(1) of Schedule 1
Insert:
"subject to review" : a decision (however described) is subject to review until:
(a) any applicable time limits for applying for a review (however described) or lodging an appeal (however described) of or in relation to the decision have expired; and
(b) if there is such a review or appeal of or in relation to the decision--the review or appeal (and any later reviews or appeals) have been finally disposed of.
Part 2 -- Application of amendments
8 Application of amendments--general
The amendments made by this Schedule apply in relation to a higher education provider or a VET provider approved before, on or after the commencement of this item.
9 Application of amendments--automatic revocation: registration ceases
(1) Section 22-2 of the Higher Education Support Act 2003 , as in force on and after the commencement of this item, applies in relation to a higher education provider that ceases to be a registered higher education provider on or after that commencement.
(2) Clause 29B of Schedule 1A to the Higher Education Support Act 2003 , as in force on and after the commencement of this item, applies in relation to a VET provider that ceases to be listed as a registered training organisation on the National Register on or after that commencement.
(3) To avoid doubt, subsection 22-10(6) of the Higher Education Support Act 2003 , as in force immediately before the commencement of this item, continues to apply in relation to a higher education provider that had ceased to be a registered higher education provider before that commencement.
(4) To avoid doubt, clause 32 of Schedule 1A to the Higher Education Support Act 2003 , as in force immediately before the commencement of this item, continues to apply in relation to a VET provider that had ceased to be listed as a registered training organisation on the National Register before that commencement.
10 Application of amendments--automatic revocation: winding up order made
(1) Section 22-3 of the Higher Education Support Act 2003 , as in force on and after the commencement of this item, applies in relation to a higher education provider if an order is made, on or after that commencement, for the winding up of the provider.
(2) Clause 29C of Schedule 1A to the Higher Education Support Act 2003 , as in force on and after the commencement of this item, applies in relation to a VET provider if an order is made, on or after that commencement, for the winding up of the provider.
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