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AUSTRALIAN EDUCATION ACT 2013 (NO. 67, 2013) - SECT 81

Variation or revocation of approval on Minister's own initiative

             (1)  The Minister may, in writing, vary or revoke an approved authority's approval for one or more schools on the Minister's own initiative if:

                     (a)  the Minister is satisfied that the approved authority does not comply, is not complying, or has not complied, with section 75, 77 or 78; or

                     (b)  the Minister is satisfied that the approved authority is not complying or has not complied with a condition to which the approval is subject; or

                     (c)  the Minister is satisfied that varying or revoking the approval is in the public interest; or

                     (d)  for an approved authority for government schools located in a State or Territory--the Minister is satisfied that the State or Territory has not complied with a condition under section 22 or 24, any of paragraphs 23(2)(a) to (d), or subsection 23(3).

Note 1:       Decisions under paragraphs (1)(a), (b) and (d) are reviewable decisions (see Division 3 of Part 9).

Note 2:       A report must be laid before each House of the Parliament if the Minister makes a decision under paragraph (1)(c) (see section 127).

             (2)  Without limiting subsection (1), the Minister may vary an approved authority's approval by making the approval subject to one or more conditions, and the approved authority must comply with those conditions.

             (3)  The Minister may do either of the following if the Minister is satisfied that a school has ceased to provide primary education or secondary education:

                     (a)  if the approved authority for the school is approved only for that school--revoke the authority's approval;

                     (b)  if the approved authority for the school is approved for other schools as well--vary the authority's approval by removing the school from the approval.

             (4)  The Minister may vary an approved authority's approval for one or more schools only if the Minister is satisfied that the requirements referred to in paragraph 73(1)(b) are, and will continue to be, satisfied in relation to the varied approval.

Note:          This subsection is subject to paragraph 74(4)(b) (approval or refusal on public interest grounds).

             (5)  A variation or revocation must specify the day on which the variation or revocation takes effect, which may be earlier than the day the Minister varies or revokes the approval.

             (6)  In varying or revoking an approval of an approved authority under subsection (1) (including by imposing conditions as referred to in subsection (2)), the Minister must have regard to any relevant arrangement of the approved authority.


 



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