57Prerequisite for discretionary revocation of declaration of institution as participating institution

#### 57 Prerequisite for discretionary revocation of declaration of institution as participating institution (1) For the purposes of subsection 116(6) of the Act, if the Minister proposes to revoke under subsection 116(2) of the Act a declaration that an institution is a participating institution, the Minister: (a) must give written notice of the proposal as described in subsection (2) of this section, inviting the provision to the Minister within 10 business days of written advice why the declaration should not be revoked; and (b) must not revoke the declaration until after: (i) the Minister has considered written advice received in response to the invitation within 10 business days of the notice being given; or (ii) if written advice is not received by the Minister in response to the invitation within that period—that period has passed. (2) The notice must be given to: (a) if the participating institution is a State institution—the State; or (b) if the participating institution is a Territory institution—the Territory; or (c) if the participating institution is a non‑government institution other than a defunct institution—the institution; or (d) if the participating institution is a non‑government institution that is a defunct institution—the representative for the institution. (3) Subsections (1) and (2) do not apply if: (a) the participating institution is insolvent; or (b) the revocation has been requested in accordance with subsection 116(3) of the Act; or (c) subsection 116(4) or (5) of the Act applies.