Commonwealth Numbered Acts Commonwealth Numbered Acts
Higher Education Support Act 2003
1 At the end of subsection 16‑5(3)
Add "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 ".
2 Subsection 16‑55(2)
Repeal the subsection, substitute:
(2) A decision of the Minister to approve a body corporate as a higher education provider takes effect when the notice of approval takes effect under the Legislative Instruments Act 2003 .
Note: Section 12 of the Legislative Instruments Act 2003 provides for when a legislative instrument takes effect.
3 At the end of section 22‑1
Add:
; or (c) if 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 .
4 At the end of Division 22
Add:
Subdivision 22‑E -- Notice of approval ceasing to have effect under the Legislative Instruments Act 2003
22‑45 Notice of approval ceasing to have effect under the Legislative Instruments Act 2003
(1) This section applies if:
(a) a decision of the Minister to approve a body corporate as a higher education provider has taken effect; and
(b) the body ceases to be approved as a higher education provider because the notice of the approval ceases to have effect under Part 5 (Parliamentary scrutiny of legislative instruments) of the Legislative Instruments Act 2003 .
(2) The fact that the body ceases to be approved as a higher education provider does not:
(a) affect:
(i) the operation of this Act, or any instrument made under this Act, in relation to the body before the cessation; or
(ii) anything duly done or suffered in relation to the body before the cessation; or
(b) affect any right, privilege, obligation or liability acquired, accrued or incurred before the cessation; or
(c) affect any penalty, forfeiture or punishment incurred in respect of the body having been a higher education provider; or
(d) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.
Any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if the body had not ceased to be approved as a higher education provider.
5 At the end of subclause 5(2) of Schedule 1A
Add "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 ".
6 Subclause 12(2) of Schedule 1A
Repeal the subclause, substitute:
(2) A decision of the Minister to approve a body corporate as a * VET provider takes effect when the notice of approval takes effect under the Legislative Instruments Act 2003 .
Note: Section 12 of the Legislative Instruments Act 2003 provides for when a legislative instrument takes effect.
7 At the end of clause 29 of Schedule 1A
Add:
; or (c) if 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 .
8 At the end of Division 5 of Schedule 1A
Add:
Subdivision 5‑E -- Notice of approval ceasing to have effect under the Legislative Instruments Act 2003
39A Notice of approval ceasing to have effect under the Legislative Instruments Act 2003
(1) This clause applies if:
(a) a decision of the Minister to approve a body corporate as a * VET provider has taken effect; and
(b) the body ceases to be approved as a VET provider because the notice of the approval ceases to have effect under Part 5 (Parliamentary scrutiny of legislative instruments) of the Legislative Instruments Act 2003 .
(2) The fact that the body ceases to be approved as a * VET provider does not:
(a) affect:
(i) the operation of this Act, or any instrument made under this Act, in relation to the body before the cessation; or
(ii) anything duly done or suffered in relation to the body before the cessation; or
(b) affect any right, privilege, obligation or liability acquired, accrued or incurred before the cessation; or
(c) affect any penalty, forfeiture or punishment incurred in respect of the body having been a VET provider; or
(d) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.
Any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if the body had not ceased to be approved as a VET provider.
9 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 the commencement of this Schedule;
(b) decisions that were made before the commencement of this Schedule, except:
(i) decisions that took effect before that commencement; 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 the commencement of this Schedule if:
(a) notice of the approval was registered under the Legislative Instruments Act 2003 before that commencement; and
(b) apart from this subitem, the decision would have taken effect before that commencement because of the amendments made by this Schedule applying as described in subitem (1).
[ Minister's second reading speech made in--
House of Representatives on 18 March 2009
Senate on 15 June 2009 ]
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(41/09) |