Victorian Numbered Acts

EDUCATION AND TRAINING REFORM AMENDMENT (OVERSEAS STUDENTS) ACT 2009 (NO. 85 OF 2009) - SECT 5

    (1)     For section 4.5.4(4) of the Education and Training Reform Act 2006 substitute —

    "(4)     If the Authority is satisfied after the conduct of a review in accordance with this section that it is in the interests of overseas students enrolled at the school, University or other institution or in the public interest that the approval should be suspended or cancelled or made subject to a condition, the Authority may, in accordance with this Part—

        (a)     suspend or cancel that approval; or

        (b)     impose a condition on that approval.".

    (2)     In section 4.5.4(5) of the Education and Training Reform Act 2006 —

        (a)     omit ", revocation" (where twice occurring);

        (b)     after "suspension" (where secondly occurring) insert ", cancellation".

    (3)     In section 4.5.4(6) of the Education and Training Reform Act 2006 —

        (a)     for "The Authority must" substitute "Subject to section 4.5.5, the Authority must";

        (b)     omit ", revocation".

    (4)     After section 4.5.4(6) of the Education and Training Reform Act 2006 insert —

    "(7)     Subsections (5) and (6) do not apply to an institution (other than a University or a school) if it—

        (a)     has ceased to trade or to conduct operations; or

        (b)     has become bankrupt; or

        (c)     in the case of a body corporate, is the subject of a winding up order.

    (8)     In the circumstances set out in subsection (7), the Authority may cancel or suspend the approval of the institution immediately.

    (9)     The Authority must advise the institution in writing, without delay, of the cancellation or suspension under subsection (8) of the approval of the institution and the reasons for that cancellation or suspension.".