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EDUCATION AND TRAINING REFORM ACT 2006 - SECT 2.6.6Q Institute may impose, vary or revoke conditions on approval

EDUCATION AND TRAINING REFORM ACT 2006 - SECT 2.6.6Q

Institute may impose, vary or revoke conditions on approval

    (1)     The Institute may impose, vary or revoke a condition on an approval of a program or course of study as a pathway program, given under this Division, at any time during the period of approval in accordance with this section.

    (2)     If the Institute intends to impose a condition on, or vary a condition imposed on, an approval given in respect of a pathway program under this Division, the Institute must, in writing—

        (a)     advise the provider of the pathway program of that intention; and

        (b)     invite the provider to make a written submission to the Institute if the provider believes a condition should not be imposed or that the condition should not be varied; and

        (c)     advise the provider that a written submission must be made within 14 days of receiving the invitation to make a submission.

    (3)     The Institute may impose a condition on, or vary a condition on, an approval of a program or course of study as a pathway program, given under this Division if, after considering the following matters, the Institute is of the view that it would be appropriate in the circumstances to impose, or vary, the condition

        (a)     any submission made by a provider under subsection (2);

        (b)     the interests of any students enrolled in the pathway program.

    (4)     If the Institute has imposed a condition on, or varied a condition on, an approval under subsection (3), the Institute must give the provider of the pathway program written notice of the decision to impose, or vary, a condition on the approval

        (a)     as soon as reasonably practicable; and

        (b)     specifying written reasons for the decision; and

        (c)     specifying that the condition, or variation of the condition, applies—

              (i)     from the date of the notice; or

              (ii)     from a later date specified in the notice; and

        (d)     specifying that the condition, or variation of the condition, applies for the duration of the approval or another shorter period specified in the notice.

    (5)     The Institute may revoke a condition imposed on an approval at any time by written notice to the provider of the pathway program specifying the date from which the revocation of the condition applies.

    (6)     In this section—

"approval" includes a variation or renewal of an approval.

S. 2.6.6R inserted by No. 10/2021 s. 7.