Higher Education Support Act 2003 - Revocation of Approval as a Higher Education Provider (Holmes Commercial Colleges (Melbourne) Ltd (Holmes))

Administered by Department of Industry, Science and Resources

Legislation au F2010L01527 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

 

Notice of revocation of approval as a provider on application

under section 22-40 of the Higher Education Support Act 2003

 

 

Issued by the authority of the Minister for Education

 

 

Subject: Higher Education Support Act 2003 (HESA)

Revocation of approval as a higher education provider (HEP) on request by the body under subsection 22-40(1) of HESA

Notice of revocation of approval under subsection 22-40(3) of HESA

 

 

AUTHORITY

Section 22-40 of HESA provides for the revocation of approval of a body as a HEP by the Minister if the body requests in writing that the Minister revoke its approval. 

 

Under paragraph 238-5(1)(b) of HESA the Minister has delegated her powers under subsections 22-40(1) and 22-40(3) of HESA to any person holding the position of Branch Manger of the Quality Branch in the Higher Education Group of the Department of Education, Employment and Workplace Relations.

 

Under subsection 22-40(3A) of HESA, the notice of revocation of approval is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

 

PURPOSE

This legislative instrument is a notice of revocation of the approval of Holmes Commercial Colleges (Melbourne) Ltd (Holmes) as a HEP under section 22-40 of HESA. 

 

In accordance with paragraph 22-40(3)(b) of HESA, a copy of this legislative instrument will also be given to Holmes, and it provides that the revocation takes effect 14 days after the day on which it is registered on the Federal Register of Legislative Instruments.

 

 

BACKGROUND

On 27 September 2004, Holmes was approved as a HEP by the Minister’s delegate under subsection 16-50(1) of HESA, as HESA existed on 27 September 2004 (the former HESA). On that date, subsection 16-55(1) of the former HESA provided that a Notice of Approval under paragraph 16-50(1)(b) was a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 (AIA), as the AIA existed on 27 September 2004 (the former AIA).

 

As required by section 46A of the former AIA, the Notice of Approval:

  • was notified in the Gazette on 29 September 2004 (see paragraph 48(1)(a) of the former AIA); and
  • was tabled in the House of Representatives and the Senate on 16 November 2004 (see paragraph 48(1)(c) of the former AIA).

 

Subsection 16-55(2) of the former HESA provided that a decision of the Minister (or his delegate, as the case may be) to approve a body corporate as a HEP took effect at the later of the following times:

 

(a)  on the day immediately after the last day on which a resolution referred to in subsection 48(4) of the Acts Interpretation Act 1901 disallowing the notice could be passed;

(b)  the day (if any) specified in the notice under paragraph 16-50(1)(b) as the day on which the approval takes effect.

 

On 15 February 2005, the disallowance period in relation to the Approval and the Notice of Approval expired in the House of Representatives.

 

On 7 March 2005 (being the fourteenth day of the Senate disallowance period), Senator Nettle gave notice of her intention to move a motion to disallow the Approval and the Notice of Approval in relation to Holmes in 11 sitting days.

 

On 8 March 2005 (being the fifteenth day of the Senate disallowance period), Senator Nettle gave notice of her intention to withdraw her notice on the next sitting day; and on this day, the Senate disallowance period also expired.

 

On 9 March 2005 Senator Nettle’s notice was subsequently withdrawn and Holmes’ Approval and Notice of Approval took effect in accordance with paragraph 16-55(2)(c) of the former HESA.

 

On 25 March 2010, Holmes requested in writing that the Minister revoke its approval as a HEP in accordance with subsections 22-40(1) and (2) of HESA.

 

On 15 April 2010 the Minister’s delegate revoked the Holmes’ approval and also gave Holmes written notice of that revocation as required by paragraph 22-40(3)(a) of HESA.

 

Subsection 22-40(3A) of HESA specifies that a notice of revocation under subsection 22-40(3) is a legislative instrument.

 

Subsection 22-40(4) of HESA provides that the revocation has effect on the day requested unless another day is specified in the notice under subsection (3). In its written request to the Minister, Holmes requested that the revocation take effect 14 days after the notice of revocation is registered on the Federal Register of Legislative Instruments.

 

 

COMMENCEMENT

In accordance with subsection 22-40(4) of HESA, the revocation shall take effect 14 days after the notice of revocation is registered on the Federal Register of Legislative Instruments, as requested by Holmes in its written request to the Minister.

 

 

CONSULTATION

Consultation was not undertaken and was not considered necessary because Holmes has voluntarily applied for revocation of its approval as a HEP and Holmes is the only body affected by the instrument.  

 

Overview

The Higher Education Support Act 2003 (HESA) was enacted to establish a framework for supporting the higher education sector in Australia, including the regulation of higher education providers. This legislative instrument, F2010L01527, is a notice of revocation of Holmes Commercial Colleges (Melbourne) Ltd's approval as a higher education provider, issued by the authority of the Minister for Education. The revocation follows a written request by Holmes under section 22-40 of HESA, which allows for the revocation of approval if a provider requests it. The Minister has delegated the powers to revoke approval to the Branch Manager of the Quality Branch in the Higher Education Group of the Department of Education, Employment and Workplace Relations. The revocation is to take effect 14 days after the notice is registered on the Federal Register of Legislative Instruments, in line with Holmes' request. The purpose of this legislative instrument is to formally notify Holmes of the revocation of its approval and to provide a public record of the revocation, ensuring compliance with HESA requirements.

Scope and Application

The Higher Education Support Act 2003 (HESA) governs the approval and revocation of higher education providers (HEP) in Australia, and this legislative instrument concerns the revocation of approval for Holmes Commercial Colleges (Melbourne) Ltd. Under section 22-40 of HESA, the Minister for Education can revoke the approval of a HEP if the body requests this in writing, with the Minister's power being delegated to the Branch Manager of the Quality Branch in the Higher Education Group of the Department of Education, Employment and Workplace Relations. The revocation is effective 14 days after registration on the Federal Register of Legislative Instruments, as per Holmes' written request. This instrument applies solely to Holmes Commercial Colleges (Melbourne) Ltd, which requested the revocation of its HEP approval on 25 March 2010. The revocation notice is a legislative instrument under the Legislative Instruments Act 2003, and the process does not extend to any other entities or institutions beyond Holmes.

Key Provisions

The Higher Education Support Act 2003 (HESA) includes provisions for the revocation of approval for a body to operate as a higher education provider (HEP). Section 22-40 of HESA allows for the revocation of such approval if the body in question requests it in writing. This process is facilitated by the Minister for Education, or an authorised delegate, such as a Branch Manager of the Quality Branch in the Higher Education Group of the Department of Education, Employment and Workplace Relations (subsection 22-40(1) and (3)). The revocation of approval is formalised through a legislative instrument as outlined in subsection 22-40(3A) of HESA. This particular notice concerns the revocation of Holmes Commercial Colleges (Melbourne) Ltd’s (Holmes) approval as an HEP. As stipulated in paragraph 22-40(3)(b) of HESA, Holmes was duly notified of this revocation, with the effective date set 14 days after the notice is registered on the Federal Register of Legislative Instruments. The obligations imposed by HESA on Holmes and similar entities include a requirement to formally request the revocation of their HEP approval in writing to the Minister or their delegate. Additionally, upon receiving such a request, the Minister or delegate must provide written notice of the revocation and ensure that this notice is registered on the Federal Register of Legislative Instruments. Holmes’ request for revocation was made on 25 March 2010, and the Minister’s delegate acted on this request by revoking Holmes’ approval and issuing the requisite notice on 15 April 2010. The revocation was set to take effect 14 days after the notice was registered on the Federal Register, in accordance with Holmes’ request and the provisions of subsection 22-40(4) of HESA. Failure to comply with the provisions of HESA concerning the revocation of HEP approval can result in significant legal consequences. Although the explanatory statement does not explicitly outline specific offences, penalties, or consequences for breach, it is reasonable to infer that non-compliance could lead to legal actions under the Act. Given the regulatory nature of HESA, breaches might result in civil or administrative penalties, including fines or other sanctions as prescribed by the Act or relevant regulations. The severity of penalties would depend on the specific nature of the breach and the discretion of the courts or administrative tribunals involved.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.