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Higher Education Support Act 2003
11Minister to decide application
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11 Minister to decide application
(1A) The Minister is not required to comply with this clause after 4 October 2016.
Note: The Minister must not approve a body as a VET provider after 4 October 2016: see subclause 6(5).
(1) The Minister must:
(a) decide an application for approval as a *VET provider; and
(b) cause the applicant to be notified in writing whether or not the applicant is approved as a VET provider.
(2) For the purposes of paragraph 6(1)(f) or 6(1A)(h):
(a) the Minister may be satisfied that a body is willing and able to meet the *VET quality and accountability requirements if the body gives the Minister such written undertakings as the Minister requires; and
(b) the Minister may be satisfied that a body is willing and able to meet:
(i) the *VET quality and accountability requirements; or
(ii) one or more of the requirements referred to in paragraphs 13(a) to (f);
if a body approved under the *VET Guidelines so recommends in accordance with those guidelines.
(2A) Subclause (2) does not limit the circumstances in which the Minister may be satisfied, for the purposes of paragraph 6(1)(f) or 6(1A)(h), that a body is willing and able to meet the *VET quality and accountability requirements.
(3) The Minister’s decision must be made:
(a) within 90 days after receiving the application; or
(b) if further information is requested under clause 10—within 60 days after the end of the period within which the information was required to be provided under that clause;
whichever is the later.
(3A) However, contravention of subclause (3) does not affect the Minister’s power to decide the application or the Minister’s obligation to comply with subclause (1).
(4) If the Minister decides that an applicant is approved as a *VET provider, the notice must also contain such information as is specified in the *VET Guidelines as information that must be provided to an applicant upon approval as a VET provider.