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HIGHER EDUCATION SUPPORT ACT 2003 - SECT 22.20

Process for revoking approval

  (1)   Before revoking a body's approval as a higher education provider under Subdivision   22 - B, the Minister must give the body notice in writing:

  (a)   stating that the Minister is considering revoking the body's approval; and

  (b)   stating the reasons why the Minister is considering revoking the body's approval; and

  (c)   inviting the body to make written submissions to the Minister within 28 days concerning why the approval should not be revoked.

  (2)   In deciding whether or not to revoke a body's approval under Subdivision   22 - B, the Minister must consider any submissions received from the body within the 28 day period.

  (3)   The Minister must notify the body in writing of his or her decision whether to revoke the body's approval under Subdivision   22 - B. The notice:

  (a)   must be in writing; and

  (b)   must be given within the period of 28 days following the period in which submissions may have been given to the Minister under subsection   (1); and

  (c)   if the Minister decides to revoke the body's approval--must specify that the revocation takes effect on the day that the notice is registered in the * Federal Register of Legislation.

  (3A)   A notice of revocation under subsection   (3) is a legislative instrument.

  (4)   If no notice is given within the period provided for in subsection   (3), the Minister is taken to have decided not to revoke the approval.

  (5)   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   (3) is registered in the * Federal Register of Legislation.

  (6)   If the notice of revocation under subsection   (3) ceases to have effect under Part   2 of Chapter   3 (parliamentary scrutiny of legislative instruments) of the Legislation Act 2003 , then the decision to revoke the approval ceases to have effect at the same time.



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