66Giving notice to persons of proposed decisions

66 Giving notice to persons of proposed decisions

(1) This section applies if the Minister proposes to make any of the following decisions: (a) a decision to make a determination under subsection 76(2) of the Act (approved authorities for government schools not taken to satisfy basic requirements); (b) a decision to take action under paragraph 110(1)(a) or (b) of the Act in relation to a State or Territory because of a matter mentioned in section 108 of the Act (actions the Minister may take for failure to comply with the Act). (2) The Minister must, in writing, give the person mentioned in subsection (3) a notice that: (a) contains: (i) the terms of the proposed decision; and (ii) the reasons for the proposed decision; and (b) invites the person to make a submission about the proposed decision within the period specified in the notice (which must be at least 28 days). (3) The person who must be given a notice under subsection (2) is: (a) the relevant person for the decision; or (b) for a decision under subsection 76(2) of the Act—the approved authority.

Note: For the definition of relevant person, see section 6 of the Act.

(4) For the purposes of paragraph 130(2)(b) of the Act, in making the final decision, the Minister must have regard to any submission made in accordance with this section in relation to the decision.