Commonwealth Consolidated Acts

AUSTRALIAN EDUCATION ACT 2013 - SECT 74

  (1)   Despite subsection   73(1), the Minister may, in writing, do the following:

  (a)   refuse to approve, as an approved authority, a person that the Minister would otherwise approve, if the Minister is satisfied that it would be contrary to the public interest to approve the person;

  (b)   approve, as an approved authority, a person that the Minister would not otherwise approve, if the Minister is satisfied that it is in the public interest to approve the person.

Note 1:   A decision under this section is not a reviewable decision.

Note 2:   A report must be laid before each House of the Parliament if the Minister makes a decision under this section (see section   127).

  (2)   If the Minister makes a decision under subsection   ( 1) in relation to a person, the Minister must, within 7 days of making the decision, publish a notice that:

  (a)   states that the decision has been made; and

  (b)   gives a brief statement of the reasons for the decision.

  (3)   Subsections   73(2) to (6) apply to an approval under this section as if the approval were given under section   73.

  (4)   An approval of a person under paragraph   ( 1)(b) of this section may specify either or both of the following:

  (a)   a period during which the approval is to be in force;

  (b)   one or more requirements under section   75, 77 or 78 with which the person is not required to comply.

  (5)   An approval that specifies:

  (a)   a period under paragraph   ( 4)(a); or

  (b)   one or more requirements under paragraph   ( 4)(b);

has effect accordingly.