Queensland Consolidated Acts

TAFE QUEENSLAND ACT 2013 - SECT 48

48 Notice of concern about financial viability

(1) This section applies if—

(a) TAFE Queensland is given a direction under section 47 ; and

(b) TAFE Queensland is concerned about its financial viability; and

(c) in TAFE Queensland’s opinion, the cause or a substantial cause of its concern would be compliance with the direction.

(2) TAFE Queensland must immediately give the Minister notice of the concern and its reasons for the opinion (the
"response" ).

(3) The response must state that it is given under this section.

(4) The giving of the response operates to suspend the direction until—

(a) the Minister gives TAFE Queensland written advice that the Minister is not satisfied that—

(i) TAFE Queensland’s concern mentioned in subsection (1) (b) is well-founded; or

(ii) TAFE Queensland’s opinion mentioned in subsection (1) (c) is justified; or

(b) the direction is revoked.

(5) If TAFE Queensland was given a direction, and the Minister is satisfied TAFE Queensland’s concern is well-founded, the Minister must immediately—

(a) if the Minister is also satisfied TAFE Queensland’s opinion is justified—revoke the direction; and

(b) in any case—give TAFE Queensland the written directions the Minister considers necessary or desirable, including any directions necessary or desirable to ensure—

(i) TAFE Queensland does not incur further debts; or

(ii) TAFE Queensland will be able to pay all its debts as and when they become due.

(6) Without limiting subsection (5) , a direction under this section may require TAFE Queensland to stop or limit particular activities.

(7) TAFE Queensland must comply with a direction under this section.