Document ID: chunk:federal_register_of_legislation:C2025C00140:clause:1_11:p30
Version: federal_register_of_legislation:C2025C00140
Segment Type: clause
Provision Reference: sch 1 cl 11 (pt 30/35)
Character Range: 128546–131223

of a minor or major nature;
 (b) whether the breach has occurred before and, if so, how often;
 (c) the impact that the breach may have on the body's students;
 (d) the impact of the breach on the higher education provided by the body;
 (e) the impact of the breach on Australia's reputation as a provider of high quality higher education;
 (f) any other matter set out in the Higher Education Provider Guidelines.

22‑17  Revocation of approval as a provider if provider etc. not a fit and proper person
 (1) The Minister may revoke a body's approval as a higher education provider if the Minister:
 (a) is satisfied that:
 (i) the body; or
 (ii) at least one person who makes, or participates in making, decisions that affect the whole, or a substantial part, of the body's affairs;
  is not a fit and proper person; and
 (b) complies with the requirements of section 22‑20.
 (2) The Minister must, in deciding whether he or she is satisfied that a person is not a fit and proper person, take into account the matters specified in an instrument under subsection 16‑25(4). The Minister may take into account any other matters he or she considers relevant.

Subdivision 22‑C—Process for decisions on revocation under Subdivision 22‑B

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