Variation or revocation of approval
59 Variation or revocation of approval
The CEO may vary or revoke an approval granted under section 57:
on an application by the approved RTO in the approved form; or
on the CEO's own initiative.
(2) The CEO may vary an approval under subsection (1)(a) only if satisfied that the variation will not adversely affect the provision of training for a VET accredited course or training package qualification to an apprentice or trainee who is undertaking an approved apprenticeship or approved traineeship.
(3) The CEO may vary an approval under subsection (1)(b) only if satisfied that the variation is necessary to ensure that training for a VET accredited course or training package qualification is provided satisfactorily to an apprentice or trainee mentioned in subsection (2).
(4) The CEO may revoke an approval under subsection (1)(b) only if satisfied that the RTO has failed to comply with a condition to which the approval is subject.
(5) If the CEO proposes to vary or revoke an approval under subsection (1)(b), the CEO must, by written notice to the RTO:
inform the RTO of the proposal and the reasons for it; and
(b) advise the RTO that the RTO may, by a specified date (being within 14 days after giving the notice) make a submission to the CEO in relation to the proposal.
(6) After the date specified in the notice under subsection (5) for making a submission, the CEO must:
(a) if the RTO has made a submission – consider that submission; and
in any event – decide:
(i) to vary or revoke the approval as proposed in the notice under subsection (5); or
not to vary or revoke the approval; or
(iii) for a variation – to vary the approval differently than as proposed in the notice under subsection (5).
(7) The CEO must, within 14 days after exercising a power under subsection (1), give written notice of the decision to the RTO.
A decision of the CEO under this section takes effect on:
the date on which a notice is given under subsection (7); or
a later date determined by the CEO and specified in the notice.
Subdivision 3 Termination, cancellation and suspension of training contracts
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