EXPLANATORY STATEMENT
Notice of revocation of approval as a higher education provider for the purposes of subsection 16-50(1) of the Higher Education Support Act 2003 (“the HESA”) under sub-section 33(3) of the Acts Interpretation Act 1901 ("the AIA")
Issued by the authority of the Minister for Education, Science and Training
LEGISLATIVE BASIS FOR THE NOTICE OF REVOCATION
Subsection 16-50(1) of the HESA provides that the Minister must decide an application for approval as a higher education provider (HEP). Division 22 of the HESA deals with prescribed circumstances in which a body ceases to be a HEP, but these do not include the circumstance of the HEP having ceased to exist.
Under subsection 33(3) of the AIA, the power to make, grant or issue any instrument (including rules, regulations or by-laws) under an Act includes the power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument. This subsection of the AIA applies unless the contrary intention appears in an Act.
This Notice of Revocation of approval as a HEP is a legislative instrument that must be registered on the Federal Register of Legislative Instruments ("the FRLI").
The Minister has delegated her powers under subsection 16-50(1) of the HESA.
BACKGROUND
The International College of Hotel Management Incorporated was approved by the Minister’s delegate as a HEP on 6 May 2005 by an Instrument of Approval (No 6 of 2005) made pursuant to subsection 16-50(1) of the HESA, a legislative instrument under subsection 16-55(1) of the HESA.
The International College of Hotel Management Incorporated ceased to exist when its incorporation as an association under the Associations Incorporation Act 1985 (SA) was lawfully dissolved on 5 April 2007.
PURPOSE/ EFFECT OF THE NOTICE OF REVOCATION
Given that the International College of Hotel Management Incorporated has ceased to exist, the present notice will revoke the Instrument of Approval of the International College of Hotel Management Incorporated.
CONSULTATION
Consultation was not undertaken and was not considered necessary in this case because the Notice withdraws an Instrument of Approval which applies to an entity which no longer exists.
COMMENCEMENT
The instrument commences the day after it is registered on the FRLI in accordance with the Legislative Instruments Act 2003.