Repeal the Part, substitute:

• This Part sets out what happens when a registered provider or an overseas student or intending overseas student defaults (that is, when a provider fails to start or finish providing a course to a student, or a student fails to start or finish a course with a provider).

• Division 2 sets out the obligation on registered providers to provide refunds to students. In the case of a provider default, a registered provider may instead provide alternative courses for the students at the provider’s expense.

• If a provider defaults and fails to discharge its obligations to a student under Division 2, then, under Division 3, the TPS Director must provide the student with options for suitable alternative courses (if any such courses are available).

• Under Division 4, payments can be made out of the Overseas Students Tuition Fund to refund students, and to reimburse providers who provide students with alternative courses, when a provider has failed to discharge its obligations. (This is called making a call on the OSTF.)

Subdivision A—Provider defaults

Note: For an exception to this rule, see subsection (3).

Ceasing to provide courses

Note: The Minister may take action under Division 1 of Part 6 against a registered provider that has breached this section.

Notifying Secretary and TPS Director

Note: For the definition of business day, see section 2B of the Acts Interpretation Act 1901.

Notifying students

Notice requirements

Legislative instrument

Former registered providers

A designated authority must notify the Secretary and the TPS Director, in writing, as soon as practicable if the authority becomes aware that a registered provider has defaulted, or is likely to default.

Note: For the consequences of breaching this section, see section 46E (offence), Divisions 3 (student placement service) and 4 (calls on the OSTF), and Division 1 of Part 6 (conditions, suspension and cancellation).

Arranging alternative courses

Providing a refund

Note: For providers who are required to maintain an initial pre-paid fees account, the refund might be paid out of the account: see section 29.

Former registered providers

Penalty: 60 penalty units.

Note: For strict liability, see Criminal Code.section 6.1 of the

Note: Subsection (1) is a continuing offence under Crimes Act 1914.section 4K of the

Note: The Minister may take action under Division 1 of Part 6 against a registered provider that has breached this section.

Notice requirements

Legislative instrument

Former registered providers

Subdivision B—Student defaults

Note 1: For an exception to paragraph (1)(a), see subsection (2).

Note 2: For an exception to subparagraph (1)(c)(iii), see subsection (3).

A registered provider must enter into a written agreement with each overseas student or intending overseas student that:

Note: For the consequences of breaching this section, see section 47F (offence) and Division 1 of Part 6 (conditions, suspension and cancellation).

Note: The Minister may take action under Division 1 of Part 6 against a registered provider that has breached this section.

Note: For the definition of business day, see section 2B of the Acts Interpretation Act 1901.

Former registered providers

Note 1: A refund might not be required under this section if a student is refused a student visa: see subsection (5).

Note 2: For the consequences of breaching this section, see section 47G (offence), Division 4 (calls on the OSTF) and Division 1 of Part 6 (conditions, suspension and cancellation).

Provider to pay refund

Note: For providers who are required to maintain an initial pre-paid fees account, the refund might be paid out of the account: see section 29.

Exception—refusal of student visa

Note: A registered provider is required to provide a refund under section 47E instead.

Former registered providers

Note: For the consequences of breaching this section, see section 47G (offence), Division 4 (calls on the OSTF) and Division 1 of Part 6 (conditions, suspension and cancellation).

Note: For providers who are required to maintain an initial pre-paid fees account, the refund might be paid out of the account: see section 29.

Legislative instrument

Former registered providers

Penalty: 60 penalty units.

Note: For strict liability, see Criminal Code.section 6.1 of the

Penalty: 60 penalty units.

Note: For strict liability, see Criminal Code.section 6.1 of the

Note: Subsection (1) is a continuing offence under Crimes Act 1914.section 4K of the

Note: The Minister may take action under Division 1 of Part 6 against a registered provider that has breached this section.

Legislative instrument

Former registered providers

Subdivision C—Recovering an amount

Note: This section is also affected by section 50C.

the specified person, rather than the student, may recover the amount as a debt by action in a court of competent jurisdiction.

Suitable alternative courses

Accepting an alternative course

Note: A call is made on the OSTF to pay the provider of the alternative course: see Division 4.

Legislative instrument

Provider default, no place accepted by student

Provider default, place accepted by student

Student default, refund not provided by registered provider

No call on the OSTF after a year

TPS Director must pay amount

Note: The TPS Director pays the amount to the person specified in subsection (3).

Who TPS Director pays amount to

the TPS Director must pay the difference to the person specified in paragraph (3)(b) or (c) (as the case requires).

Legislative instrument

Cessation of claim

the student, and any person specified in paragraph 50B(3)(b), cease to have any claim against the provider in respect of the student’s pre-paid fees.

Provider must pay back TPS Director

Note: For providers who are required to maintain an initial pre-paid fees account, the amount might be paid out of the account: see section 29.

TPS Director may enforce security

Former registered providers

Note 1: This section constitutes authorisation for the purposes of other laws, such as paragraph (1)(d) of Information Privacy Principle 11 in Privacy Act 1988.section 14 of the

Note 2: The Immigration Secretary’s power under this section can be delegated under section 170.

A right to be paid an amount under section 50B is granted on the basis that:

• This Part establishes the Overseas Students Tuition Fund, the TPS Director and the TPS Advisory Board.

• Division 2:

The OSTF provides the money for refunds under Part 5 for defaults where registered providers fail to discharge their obligations to overseas students. The money in the OSTF is mostly made up of the TPS levies collected from registered providers each year.

• Division 3 of this Part establishes the office of the TPS Director, and his or her terms and conditions. The TPS Director is responsible for:

• Division 4 establishes the TPS Advisory Board, the Board members’ terms and conditions, and how Board meetings are to be conducted. The Board is responsible for providing advice and making recommendations to the TPS Director on setting the TPS levy each year.

Subdivision A—Overseas Students Tuition Fund

There must be credited to the OSTF amounts equal to the following:

Note: An Appropriation Act may contain a provision to the effect that, if any of the purposes of a Special Account is a purpose that is covered by an item in the Appropriation Act (whether or not the item expressly refers to the Special Account), then amounts may be debited against the appropriation for that item and credited to that Special Account.

Note: See Financial Management and Accountability Act 1997 (debits from Special Accounts).section 21 of the

Subdivision B—TPS levies

Note 1: There is no particular due day for unregistered providers, but they cannot be registered under section 9AB until they have paid their contribution: see paragraph 9AB(1)(d).

Note 2: The provider may seek review of the amount of the TPS levy from the AAT: see section 176.

Payment of first TPS levy

Note: The Secretary needs to know when this has happened so that the provider can be registered under section 9AB: see paragraph 9AB(1)(d).

Non-payment of later TPS levies

Note: Section 90 provides that the provider’s registration is automatically suspended if the provider does not comply with the reminder notice.

Note: The TPS Director is eligible for reappointment: see Acts Interpretation Act 1901.section 33AA of the

The TPS Director has the following functions:

The TPS Director must not engage in paid employment outside the duties of his or her office without the Minister’s approval.

The TPS Director must give written notice to the Minister of all interests, pecuniary or otherwise, that the TPS Director has or acquires that could conflict with the proper performance of the TPS Director’s functions.

The TPS Director holds office on the terms and conditions (if any) in relation to matters not covered by this Division that are determined by the Minister.

The Minister may appoint a person to act as the TPS Director:

Note: For rules that apply to acting appointments, see Acts Interpretation Act 1901.section 33A of the

The TPS Director may, on behalf of the Commonwealth, engage consultants to assist in the performance of the TPS Director’s functions.

Subdivision A—Appointment of Board members

The TPS Advisory Board is established by this section.

The Board’s function is, either on its own initiative or at the request of the TPS Director, to provide advice and make recommendations to the TPS Director in relation to the making of a legislative instrument each year under subsections 9(3) and 10(2) of the Education Services for Overseas Students (TPS Levies) Act 2012.

Requirements for Board members appointed under paragraph (1)(b)

Chair and Deputy Chair

Note: Board members are eligible for reappointment: see Acts Interpretation Act 1901.section 33AA of the

Chair

Other members

A Board member must not engage in any paid employment that, in the Minister’s opinion, conflicts or may conflict with the proper performance of his or her duties.

A Board member must give written notice to the Minister of all interests, pecuniary or otherwise, that the member has or acquires that could conflict with the proper performance of the member’s functions.

A Board member holds office on the terms and conditions (if any) in relation to matters not covered by this Division that are determined by the Minister.

Acting Board member

Note: For rules that apply to acting appointments, see Acts Interpretation Act 1901.section 33A of the

Acting Chair

Subdivision B—Meetings of the TPS Advisory Board

Note: See also Acts Interpretation Act 1901, which contains extra rules about meetings by telephone etc.section 33B of the

the remaining Board members at the meeting constitute a quorum for the purpose of any deliberation or decision at that meeting with respect to that matter.

The Board may regulate proceedings at its meetings as it considers appropriate.

The Board must keep minutes of its meetings.

Education Services for Overseas Students Act 2000

Omit “financial and tuition assurance to”, substitute “tuition assurance, and refunds, for”.

Repeal the paragraphs.

Insert:

agreed starting day for a course means the day on which the course was scheduled to start, or a later day agreed between the registered provider for the course and the student.

Repeal the definition.

Insert:

Board means the TPS Advisory Board established by section 55A.

Insert:

Board member means a member of the Board appointed under section 55D, including the Chair and the Deputy Chair.

Insert:

call: a call is made on the OSTF in the circumstances set out in section 50A.

Repeal the definition.

Insert:

default:

Insert:

default day, in relation to a default, means:

Repeal the definition.

Repeal the definition.

Insert:

Immigration Secretary means the Secretary of the Department administered by the Immigration Minister.

Insert:

OSTF: see Overseas Students Tuition Fund.

Insert:

Overseas Students Tuition Fund means the Overseas Students Tuition Fund established under section 52A.

Repeal the definition.

Insert:

provider obligation period, in relation to a default, has the meaning given by section 46D, 47D or 47E (as the case requires).

Repeal the definition.

Insert:

TPS levy means a TPS levy that a provider is required to pay to the TPS Director under paragraph 9AB(1)(d) or subsection 24(1).

Repeal the definition.

Repeal the section, substitute:

Note: A person could be guilty of an offence if the person provides false or misleading information in complying or purporting to comply with this section: see section 108.

Repeal the section.

Repeal the sections, substitute:

Note: Subdivision B of Education Services for Overseas Students (TPS Levies) Act 2012, have details about how amounts of TPS levy are determined.Division 2 of Part 5A, and the

Note: The Minister may take action under Division 1 of Part 6 against a registered provider that has breached this section.

Repeal the section, substitute:

TPS Director may request information

Note 1: The Minister may take action under Division 1 of Part 6 against a registered provider that has breached this section.

Note 2: It is an offence to provide false or misleading information in complying or purporting to comply with this section: see section 108.

Repeal the Division.

Omit “section 75”, substitute “section 53D”.

Repeal the paragraphs, substitute:

Omit “fund manager”, substitute “TPS Director”.

Insert:

Add:

Immigration Secretary

Repeal the paragraph, substitute:

Repeal the paragraph, substitute:

Omit “the Fund, the Fund Manager”, substitute “the OSTF, the TPS Director”.

Omit “(Assurance Fund Contributions) Act 2000”, substitute “(TPS Levies) Act 2012”.

Repeal the heading, substitute:

Giving information to government agencies, the TPS Director etc.

Repeal the paragraphs, substitute:

Insert:

Tertiary Education Quality and Standards Agency Act 2011

Omit “the Fund Manager, or the operator of an applicable tuition assurance scheme,”, substitute “the TPS Director,”.

Education Services for Overseas Students Act 2000

Omit “annual Fund contribution, special levy”, substitute “TPS levy”.

Education Services for Overseas Students Act 2000

Omit “contribution,”.

Education Services for Overseas Students (Assurance Fund Contributions) Act 2000

Repeal the Act.

In this Part:

asset means:

but does not include a right, power, privilege or immunity conferred by an Act or by regulations or other subordinate legislation made under an Act.

ESOS Act means the Education Services for Overseas Students Act 2000.

liability means any liability, duty or obligation, whether actual, contingent or prospective, but does not include a liability, duty or obligation imposed by an Act or by regulations or other subordinate legislation made under an Act.

old Fund means the ESOS Assurance Fund established under section 45 of the ESOS Act (as in force immediately before this item commences).

The amendments made by this Schedule apply in relation to any default by a registered provider, or an overseas student or intending overseas student, that occurs after this item commences.

The amount standing to the credit of the old Fund immediately before this item commences is, by force of this item, transferred to the Commonwealth immediately after this item commences.

Despite the repeal of section 80 of the ESOS Act by this Schedule, that section (as in force immediately before this item commences) continues to apply, after this item commences, with the following changes:

To avoid doubt, section 82 of the ESOS Act (as in force immediately before this item commences) does not apply in relation to the repeal of Division 1 of Part 5 of that Act by this Schedule.

Returning amounts to the Commonwealth

is, by force of this item, debited from the OSTF at the beginning of that 1 July.

A person who, immediately before this item commences, is appointed as Fund Manager, ceases, by force of this item, to be Fund Manager after that time.

the Act or instrument has effect after this item commences as if the reference to the Fund Manager were a reference to the TPS Director.

Note: During the first year after this item commences, instruments can retrospectively amend references to the Fund Manager: see item 59.

A determination under this subitem has effect accordingly.

A determination under this subitem has effect accordingly.

A person who, immediately before this item commences, is a member of the Contributions Review Panel, ceases, by force of this item, to hold office as such a member after that time.

the Act or instrument has effect after this item commences as if the reference to the Contributions Review Panel were a reference to the TPS Advisory Board.

Note: During the first year after this item commences, instruments can retrospectively amend references to the Contributions Review Panel: see item 59.

A determination under this subitem has effect accordingly.

A determination under this subitem has effect accordingly.

the provision may be expressed to take effect from the day that this item commences, or a later day in the period referred to in paragraph (a), that occurs before the instrument is made.

The requirement to pay a TPS levy imposed by Education Services for Overseas Students (TPS Levies) Act 2012 applies in relation to:section 14 of the

acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.

just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.

Note: SES employee is defined in section 2B of the Acts Interpretation Act 1901.

Repeal the section, substitute:

Subdivision A—Registration of approved providers

Risk management approach

Recommendation may relate to new or existing registration

Registering approved providers

Note 1: The Secretary must notify the relevant designated authority if the Secretary has reason to believe that any of the matters set out in this paragraph apply: see section 14.

Note 2: For when a higher education provider has the principal purpose of providing education, see section 5A.

Note: The Secretary must determine that the provider is registered for a specified period: see section 9AC.

Registering courses and locations

Note 1: For when the approved provider becomes registered to provide a course at a location, see subsection 14A(6).

Note 2: Under section 9AG, courses and locations can be added later to a provider’s registration.

Renewing registrations

from the day on which the provider was registered.

When registration would otherwise expire before renewal completed

the provider’s registration is taken to continue until the Secretary makes his or her decision.

When registration expires before course completed

Imposing conditions at time of registering providers

the Secretary may, at the time of registering the provider, impose that condition on the provider’s registration.

Imposing conditions on registered providers

the Secretary or Minister may, by notifying the provider in writing, impose that condition on the provider’s registration.

Secretary or Minister to have regard to designated authority’s advice

Subdivision B—Provisions relating to registration

For the purposes of paragraphs 9AB(1)(e) and 9AG(1)(b), a designated authority who recommends under the Secretary a certificate, in the form approved by the Secretary for the purposes of this section, that:section 9AA that an approved provider be registered to provide a course at a location must give

Note 1: For paragraph (b), the designated authority must have regard to the matters referred to in section 9B in deciding whether a provider is fit and proper to be registered.

Note 2: For paragraph (c), see section 5A for when a higher education provider has the principal purpose of providing education.

Repeal the sections.

Repeal the sections, substitute:

Contents of the Register

When an approved provider is registered to provide a course at a location

Note: The Register can also be updated under section 103 (Immigration Minister’s suspension certificate).

Education Services for Overseas Students Act 2000

Insert:

Repeal the paragraph, substitute:

Repeal the paragraph.

Repeal the definition, substitute:

approved provider for a course for a location means a provider approved by a relevant designated authority to provide that course at that location to overseas students, other than an approval that has been withdrawn by that authority.

Repeal the definition.

Repeal the definition, substitute:

condition, in relation to a provider’s registration, means a condition imposed on the registration under section 9AD or 9AE or subsection 83(3).

Repeal the definition.

Omit “section 10”, substitute “section 14A”.

Repeal the definition, substitute:

registered means registered under Part 2.

Note: Other grammatical forms of the word registered (such as registration) have a corresponding meaning (see section 18A of the Acts Interpretation Act 1901).

Omit “State” (wherever occurring), substitute “location”.

Insert:

For the purposes of subparagraphs 9AB(1)(f)(ii) and 14(1)(a)(ii) and paragraphs 9AH(c) and 83(1C)(a), a higher education provider is taken to have the principal purpose of providing education if its principal purpose is either or both of the following:

Omit “for a State”.

Repeal the cell, substitute:

Omit “for the State”.

Omit “for a State”.

Add:

• This Act regulates providers who provide courses to overseas students.

• A person who provides a course at a location to an overseas student must be registered to provide that course at that location (or do so in accordance with an arrangement with a provider who is so registered).

• This Act and the national code impose obligations on registered providers, such as notification, record keeping and financial requirements.

• In particular, there are obligations on registered providers when the provider or an overseas student of the provider defaults, and does not start or finish a course. The provider is required to provide a refund to the student. For a provider default, the provider may instead provide an alternative course for the student at the provider’s expense.

• If a provider that has defaulted does not discharge its obligations to an overseas student, the TPS Director must provide the student with options for suitable alternative courses (if any such courses are available).

• In the case of a default, a call is made on the Overseas Students Tuition Fund to pay for alternative courses, or to provide refunds to students, if providers have not already done so.

Insert:

• A person who provides a course at a location to an overseas student must be registered to provide that course at that location (or do so in accordance with an arrangement with a provider who is so registered).

• Division 2 creates an offence for a person who contravenes that requirement. It is also an offence for a registered provider to offer courses, or hold itself out as able to provide a course, to overseas students without being appropriately registered (or doing so in accordance with an appropriate arrangement).

• Approved providers are registered under Division 3. A provider’s registration lists all of the courses that the provider is registered to provide, and the locations at which the provider is registered to provide those courses. Conditions can be imposed on a provider’s registration. A registration lasts for a minimum of 2 and a maximum of 5 years.

• The Register (which contains each provider’s registration) is maintained, and kept up-to-date, under Division 4.

Omit “in a State”, substitute “at a location”.

Omit “for that particular State”, substitute “at that particular location”.

Omit “for a State”, substitute “for that particular location”.

Omit “State”, substitute “location”.

Omit “for a State”, substitute “for the location”.

Insert:

Omit “Paragraphs 9(2)(ca) and 9A(2)(e)”, substitute “The provisions referred to in subsection (1A)”.

Omit “it is satisfied as mentioned in paragraph 9(2)(ca) or 9A(2)(e), the designated authority”, substitute “to be satisfied as mentioned in a provision referred to in subsection (1A), the Minister, Secretary or designated authority (as the case requires)”.

Omit “States”, substitute “locations”.

Repeal the heading, substitute:

Omit “and”, substitute “or”.

Add:

Add:

Note: For when a higher education provider has the principal purpose of providing education, see section 5A.

Repeal the subsection.

Insert:

• A registered provider has obligations under this Part.

• Division 1 contains general obligations on registered providers. For example, a registered provider must not engage in misleading or deceptive conduct when recruiting or providing courses to overseas students. Other obligations relate to notification, record keeping and financial requirements.

• Enforcement action (such as imposing conditions, or suspending or cancelling a registration) can be taken under Part 6 in relation to a registered provider who breaches this Part.

Omit “States”, substitute “locations”.

Insert:

• The Minister makes a national code under this Part.

• The purpose of the code is to provide nationally consistent standards and procedures for registered providers in providing courses to overseas students, dealing with agents and other providers, and providing refunds.

• Designated authorities investigate breaches of the code.

• Enforcement action (such as imposing conditions, or suspending or cancelling a registration) can be taken under Part 6 in relation to a registered provider who breaches the code.

Omit “expressed to commence on a day at least 28 days after it is registered in the Federal Register of Legislative Instruments”.

Repeal the note, substitute:

Note: The Minister may amend the national code by legislative instrument: see subsection 33(3) of the Acts Interpretation Act 1901.

Omit “registration and”.

Repeal the section.

Repeal the paragraphs.

Omit “section 9”, substitute “section 9AB”.

Repeal the heading, substitute:

Omit “for a State”, substitute “for a course for a location”.

Insert:

• Compliance with this Act, the national code and any conditions on a provider’s registration is enforced under this Part.

• The Minister can take enforcement action (such as imposing conditions, or suspending or cancelling a registration) under Division 1. Such action can be taken in relation to a provider’s registration generally or in relation to a specific course at a specific location. Division 1 also provides for automatic suspension or cancellation of a provider’s registration in certain circumstances.

• The Immigration Minister can give a suspension certificate under Division 2 if a significant number of overseas students or intending overseas students are entering or remaining in Australia for a purpose not contemplated by their visas. A registered provider must not offer courses, or hold itself out as able to provide a course, to overseas students while such a certificate is in force for the provider.

• Division 3 provides for certain offences, such as failing to identify a registered provider in written material or providing false or misleading information.

Omit “(having regard to the matters referred to in subsection 9B(2))”.

Omit “Note”, substitute “Note 1”.

Add:

Note 2: The Minister must have regard to the matters referred to in section 9B in deciding whether a provider is fit and proper to be registered.

Omit “Note”, substitute “Note 1”.

Add:

Note 2: For when a higher education provider has the principal purpose of providing education, see section 5A.

Repeal the subsection.

Omit “States”, substitute “locations”.

Omit “State”, substitute “location”.

Repeal the section.

Repeal the subsection, substitute:

Note: Section 95 sets out the effect of suspension.

Omit “State’s”, substitute “designated authority’s”.

Repeal the subsections, substitute:

Note: The designated authority and Secretary must have regard to the matters referred to in section 9B in deciding whether a provider is fit and proper to be registered.

Suspension of registration of all courses at all locations

Note: Section 95 sets out the effect of suspension.

Suspension when the designated authority which notifies the Secretary is a State designated authority

Note: Section 95 sets out the effect of suspension.

then the registration of the provider is also suspended for all of those courses at all locations.

Note: Section 95 sets out the effect of suspension.

Removal of suspension

as the case requires.

Omit “States”, substitute “locations”.

Repeal the heading, substitute:

Omit “State” (wherever occurring), substitute “location”.

Omit “States”, substitute “locations”.

Insert:

Notice requirements before Minister makes decision

Omit “subsection 14A(2)” (wherever occurring), substitute “subsection 9AD(2)”.

Insert:

Notice requirements before Secretary makes decision

Omit “subsection 14B(1)”, substitute “subsection 9AE(1)”.

Insert:

Consideration of submissions received and giving notice of decision

Omit “for a State”, substitute “for a location”.

Omit “for the State”, substitute “at the location”.

Omit “State”, substitute “location”.

Repeal the section.

Omit “in any State”, substitute “at any location”.

Omit “(1)”.

Omit “in a State”, substitute “at a location”.

After “identify”, insert “any one or more of the following”.

Omit “and”.

Repeal the paragraph, substitute:

Insert:

• Registered providers’ compliance with this Act and the national code is monitored under this Part.

• The Secretary can give a production notice (requiring a person to give information or documents) or an attendance notice (requiring a person to attend and answer questions) under Division 2.

• An authorised employee may apply for a monitoring warrant under Division 3. A monitoring warrant allows the employee to enter and search the premises of a registered provider. If the employee finds evidential material on the premises, the employee may secure the material until a search warrant can be obtained.

• Alternatively, an authorised employee may apply for a search warrant under Division 4. As well as allowing the employee to enter and search the premises of a registered provider, the employee may also seize things under a search warrant.

Insert:

• This Part contains miscellaneous provisions, such as the following:

Repeal the paragraphs, substitute:

Omit “or 88”.

Education Services for Overseas Students Act 2000

Repeal the note, substitute:

Note 1: A provider cannot be registered under section 9AB until it has paid the initial registration charge: see paragraph 9AB(1)(c).

Education Services for Overseas Students Act 2000

Repeal the paragraph, substitute:

Omit “annual registration charge or”, substitute “annual registration charge, a second or third entry to market charge or a”.

Repeal the note, substitute:

Note 1: A provider must pay 3 entry to market charges during the first 2 years that the provider is first registered. A provider cannot get registered under section 9AB until it has paid the first entry to market charge: see paragraph 9AB(1)(c).

Omit “section 9”, substitute “section 9AB”.

Education Services for Overseas Students Amendment (Registration Charges Consequentials) Act 2011

Omit “for a State under section 9”, substitute “under section 9AB”.

Education Services for Overseas Students (Registration Charges) Amendment Act 2011

Omit “for a State under section 9”, substitute “under section 9AA”.

Education Services for Overseas Students Amendment (Registration Charges Consequentials) Act 2011

Repeal the item.

Repeal the subitems.

Omit “amendments made by items 7 and”, substitute “amendment made by item”.

Education Services for Overseas Students Amendment (Registration Charges Consequentials) Act 2011

Repeal the items.

Repeal the items.

In this Part:

ESOS Act means the Education Services for Overseas Students Act 2000.

Recommendations made after commencement

Recommendations made before commencement

the Secretary must determine the location or locations at which the provider is to be registered to provide the course.

Choosing a registration to add to

the Secretary may choose which registration to add the new course to.

Review of decisions

Note: Section 176 of the ESOS Act allows applications to be made to the Administrative Appeals Tribunal for review of decisions.

Request to amalgamate registrations

Secretary may amalgamate registrations or refuse request

Review of decisions

Note: Section 176 of the ESOS Act allows applications to be made to the Administrative Appeals Tribunal for review of decisions.

A provider who is registered under section 9 of the ESOS Act immediately before this item commences is taken, after that time, to be registered under section 9AB of that Act.

Despite the amendment of paragraphs 9B(2)(b) and 17(1)(b) of the ESOS Act by this Schedule, those paragraphs continue to operate, in relation to a cancellation or suspension that occurs before this item commences, as if those amendments had not been made.

the provider’s registration is taken, after this item commences, to be suspended for the course for that location or those locations.

the provider’s registration is taken, after this item commences, to be suspended for all courses for all locations.

Approved form

Certificates

the certificate is taken, after this item commences, to have been given under section 9AH of that Act (as inserted by this Schedule).

Subsection 9AC(4) of the ESOS Act (as inserted by this Schedule) applies to any registration of a provider (whether the provider is registered before or after this item commences).

Sections 9AD, 9AE and 9AF of the ESOS Act (as inserted by this Schedule) apply in relation to any condition imposed on a provider’s registration (whether before or after this item commences).

The repeal of section 10 of the ESOS Act by this Schedule does not affect the continuity of the Register.

If:

that number is taken, after this item commences, to be a unique identifier that is allocated under paragraph 14A(4)(d) of that Act (as inserted by this Schedule).

Regulations that are in force under paragraph 10(4)(d) of the ESOS Act immediately before this item commences are taken, after that time, to have been made for the purposes of paragraph 14A(4)(i) of that Act (as inserted by this Schedule).

The repeal of subsection 89(1) of the ESOS Act by this Schedule does not affect the continuity of any suspension of the registration of a provider that is in force under that subsection immediately before this item commences.

Insert:

Insert:

pre-paid fees means tuition fees received by a registered provider in respect of an overseas student or intending overseas student, in relation to a study period for a course to be provided by the provider, before the student begins the study period.

Insert:

study period for a course provided by a provider means the study period for the course set out in a written agreement made by the provider under section 22.

Insert:

Written agreements to provide for study periods

Requirements for study periods

Insert:

Limit on amount of initial pre-paid fees that may be received

Limit on when remaining tuition fees may be required

Requirement to maintain account

Note: Providers covered by section 31 are not required to comply with this section.

Requirements for designated accounts

Requirement to pay initial pre-paid fees received to credit of designated account

Note: Providers covered by section 31 are not required to comply with this section.

Note: For the definition of business day, see section 2B of the Acts Interpretation Act 1901.

Requirement in relation to withdrawing money from account

Note 1: Tuition fees of a relevant student cease to be part of the protected amount (and may therefore be withdrawn from the account) once the student begins the course that the provider is to provide to the student: see subsection (3).

Note 2: There are no limits on withdrawals from the account as long as the balance of the account remains above the protected amount.

Account money not available for payment of debts etc.

The regulations may provide additional requirements in relation to:

Note: Providers covered by section 31 are not required to comply with regulations made under this section.

The following kinds of provider are exempt from the requirements in sections 28 and 29 and in regulations made under section 30:

To avoid doubt, any private corporate body established in connection with a provider covered by paragraph (a) or (b) of this section is not itself, by virtue of that connection alone, a provider covered by that paragraph.

Penalty: 60 penalty units.

Note: For strict liability, see Criminal Code.section 6.1 of the

Education Services for Overseas Students Act 2000

Insert:

• Division 2 sets out requirements for providers who receive tuition fees from a student before the student has begun to study with the provider. The provider must keep those fees in a separate account and generally cannot access the fees until the student begins the first study period with the provider.

The amendments made by this Schedule apply in relation to any tuition fees for a course that are received, after Division 1 of Part 1 of this Schedule commences, by a registered provider, in respect of an overseas student or intending overseas student, before the student has begun the course.

Repeal the definition.

Omit “course money”, substitute “pre-paid fees”.

Insert:

tuition fees has the meaning given by section 7.

Repeal the section, substitute:

In this Act:

tuition fees:

that are directly related to the provision of a course that the provider is providing, or offering to provide, to the student; and

Omit “course money” (wherever occurring), substitute “tuition fees”.

Omit “course money”, substitute “tuition fees”.

Repeal the subsection.

Omit “course money”, substitute “tuition fees”.

Omit “course money”, substitute “pre-paid fees”.

Omit “course money”, substitute “pre-paid fees”.

The amendments made by this Schedule apply in relation to any tuition fees for a course that are received by a registered provider after this item commences.

Insert:

Insert:

After “accepted students”, insert “and former accepted students”.

After “accepted students”, insert “and former accepted students”.

Omit “accepted student’s student visa to the registered provider for the accepted student”, substitute “accepted student’s, or former accepted student’s, student visa to the registered provider for the student”.

Ombudsman Act 1976

Omit “or an accepted student,”, substitute “an accepted student, or a former accepted student,”.

Omit “or an accepted student, “, substitute “an accepted student, or a former accepted student,”.

Insert:

approved unit of study has the meaning given by section 21.

Insert:

Records of students’ details

Repeal the subsections, substitute:

Records of assessment

the provider must record the outcome of the student’s assessment for the unit.

Retention of records

Note: The Minister may take action under Division 1 of Part 6 against a registered provider that has breached this section.

Insert:

Offence

Add:

Meaning of approved unit of study

approved unit of study for a course means a unit of study (however described) that has been approved for the course by a designated authority.

However, the amendments apply only in relation to the part of the unit of study that occurs after this item commences.

Regulations that are in force under subsection 21(2) of the Education Services for Overseas Students Act 2000 immediately before this item commences are taken, after that time, to have been made for the purposes of paragraph 21(2)(d) of that Act (as inserted by this Schedule).

Insert:

the National VET Regulator; or

Education Services for Overseas Students Act 2000

Insert:

Education Services for Overseas Students Act 2000

Omit “courses to overseas students for”, substitute “courses to overseas students at locations in”.

Repeal the section.

Omit “or re-registration (see section 9A)”.

Repeal the sections.

Repeal the section.

Add:

Add:

; or (e) an officer or employee of an administrator or liquidator of a registered provider or former registered provider.

Add:

; or (e) an officer or employee of an administrator or liquidator of a registered provider or former registered provider.

Insert:

(2AA) Without limiting subsection (2), the Secretary may, by signed writing, delegate all or any of the Secretary’s power under Subdivision A of a person in the Department who holds, or is acting in, an Executive Level 1 or 2, or equivalent, position.Division 2 of Part 7 (production notices) to

Repeal the section.

Education Services for Overseas Students Act 2000

Add:

• The Secretary may accept a written undertaking under Division 4 relating to complying with a provision of this Act, the national code or a provision of a provider’s registration. The Secretary may apply to a court to enforce the undertaking.

Endnotes

Endnote 1—About the endnotes

The endnotes provide details of the history of this legislation and its provisions. The following endnotes are included in each compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Uncommenced amendments

Endnote 6—Modifications

Endnote 7—Misdescribed amendments

Endnote 8—Miscellaneous

If there is no information under a particular endnote, the word “none” will appear in square brackets after the endnote heading.

Abbreviation key—Endnote 2

The abbreviation key in this endnote sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended the compiled law. The information includes commencement information for amending laws and details of application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law.

Uncommenced amendments—Endnote 5

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in endnote 5.

Modifications—Endnote 6

If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6.

Misdescribed amendments—Endnote 7

An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7.

Miscellaneous—Endnote 8

Endnote 8 includes any additional information that may be helpful for a reader of the compilation.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Uncommenced amendments [none]

Endnote 6—Modifications [none]

Endnote 7—Misdescribed amendments [none]

Endnote 8—Miscellaneous [none]