Document ID: chunk:federal_register_of_legislation:C2016C00447:section:170
Version: federal_register_of_legislation:C2016C00447
Segment Type: section
Provision Reference: s 170
Character Range: 166050–168349

170  Administration—general power to vary or revoke determinations and approvals

Determination power includes power to revoke or vary
 (1) The power of the Minister under this Act to make a determination or give an approval includes the power, by writing, to revoke or vary a previous determination made, or previous approval given, in the exercise of the power.
 (2) However, subsection (1) does not apply in relation to the following determinations:
 (a) an SES score determination;
 (b) an approved school determination;
 (c) an approved school system determination;
 (d) an approved authority determination.
Note: The Minister has express power to revoke or vary the determinations mentioned in subsection (2) under the following provisions:
(a) for an SES score determination—Division 11 of Part 4;
(b) for an approved school determination—Part 7;
(c) for an approved school system determination—Part 8;
(d) for an approved authority determination—Part 9.

Instruments of revocation or variation
 (3) An instrument that is expressed to revoke a determination as previously varied, or to revoke an approval as previously varied, has effect as the revocation of the determination or approval and of every later instrument so far as that later instrument varied the determination or approval or varied the determination or approval as previously varied.
 (4) An instrument that is expressed to vary a determination as previously varied or to vary an approval as previously varied has effect according to its terms even if it does not specifically refer to the previous instruments of variation.

More than one revocation or variation per instrument
 (5) The one instrument may contain one or more revocations or one or more variations, or both.

Date of effect
 (6) An instrument of revocation or variation takes effect, subject to subsection (7), on:
 (a) the day stated for the purpose in the instrument; or
 (b) if no day is stated—the day on which the instrument is made.
 (7) An instrument revoking or varying a determination or approval may take effect before the day of the making of the instrument only if the provision under (or for the purposes of which) the determination or approval was made or given permits the determination or approval to take effect before it was made or given.