{"id":"F2022L01302","name":"Education Services for Overseas Students (Calls on the OSTF – requirements for payments) Instrument 2022","slug":"education-services-for-overseas-students-calls-on-the-ostf-requirements-for-payments-instrument-2022","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441553,"registerId":"F2022L01302-fast-fetch-1775956828291","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Education Services for Overseas Students (Calls on the OSTF – requirements for payments) Instrument 2022","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 22.10.0\n---\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nEducation Services for Overseas Students (Calls on the OSTF—requirements for payments) Instrument 2022\n\nI, Jason Clare, Minister for Education, make the following instrument.\n\nDated  29/09/2022  \n\nJason Clare\n\nMinister for Education\n\n \n\n \n\n \n\nContents\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\n5  Schedules\n\n6  Requirements for payment\n\nSchedule 1—Repeals\n\nEducation Services for Overseas Students (Calls on the OSTF – requirements for payments) Determination 2012 (No. 1)\n\n \n\n1  Name\n\n  This instrument is the Education Services for Overseas Students (Calls on the OSTF – requirements for payments) Instrument 2022.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument The day after this instrument is registered.\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under subsection 50B(5) of the Education Services for Overseas Students Act 2000.\n\n4  Definitions\n\nNote: A number of expressions used in this instrument are defined in section 5 of the Act, including the following:\n\n(a) OSTF.\n\n  In this instrument:\n\nAct means the Education Services for Overseas Students Act 2000.\n\nauthorised deposit-taking institution has the same meaning as in the Banking Act 1959.\n\n5  Schedules\n\n  The instrument that is specified in Schedule 1 to this instrument is repealed as set out in the applicable item in that Schedule.\n\n6  Requirements for payment\n\n (1) If the TPS Director must pay an amount to a registered provider under paragraph 50B(3)(a) of the Act, the payment must be:\n\n (a) made electronically;\n\n (b) in Australian dollars paid into a transaction account nominated by, and in the name of, the provider; and\n\n (c) paid into an account held with an authorised deposit-taking institution.\n\n (2) If the TPS Director must pay an amount to a person under paragraph 50B(3)(b) of the Act, the payment must be:\n\n (a) made electronically; and\n\n (b) in Australian dollars paid into a transaction account nominated by, and in the name of, the person.\n\n (3) If the TPS Director must pay an amount to a student under paragraph 50B(3)(c) of the Act, the payment must be:\n\n (a) made electronically; and\n\n (b) in Australian dollars paid into a transaction account nominated by, and in the name of, the student.\n\n\n\n\nSchedule 1—Repeals\n\nEducation Services for Overseas Students (Calls on the OSTF – requirements for payments) Determination 2012 (No. 1)\n\n1  The whole of the instrument\n\nRepeal the instrument.\n\n \n\n \n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument maintains the same narrow, technical scope as its 2012 predecessor. It solely governs payment mechanics for OSTF distributions and does not expand into substantive tuition protection policy, student rights, or provider obligations beyond the specific payment method requirements."},"complexity_factors":["Very short instrument (approximately 1 page of substantive content)","Only 4 defined terms, 3 of which are standard legislative references (Act, authorised deposit-taking institution)","No cross-references to other legislation beyond the parent Act and Banking Act 1959","Simple conditional structure: three parallel subsections covering three categories of payees (providers, persons, students)","No nested exceptions or complex logical operators","Straightforward repeal of a single previous instrument in Schedule 1"],"plain_english_summary":"This short Ministerial rule requires all payments from the Overseas Students Tuition Fund to be made as electronic transfers in Australian dollars into a bank transaction account in the recipient’s name, and—for registered education providers—into an account at an authorised deposit‑taking institution. It affects providers and students, tightening security and traceability of OSTF payouts and repeals the 2012 version."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"This instrument repeals the Education Services for Overseas Students (Calls on the OSTF – requirements for payments) Determination 2012 (Schedule 1 item 1) and sets out the current mandatory payment mechanics that the TPS Director must follow (s6). Because it explicitly replaces the earlier Determination (Schedule 1) it changes which instrument is in force; the text alone does not permit a conclusion about whether substantive coverage was expanded or narrowed without a direct comparison to the repealed Determination."},"complexity_factors":["Concise, prescriptive payment rules: electronic payments, Australian dollars, into a transaction account nominated in the recipient's name; provider accounts must be with an authorised deposit‑taking institution (s6(1)–(3)).","Instrument relies on cross‑references to the Education Services for Overseas Students Act 2000 for authority and defined terms (made under s50B(5) of the Act; definitions referenced in s4), so interpretation requires reading the Act alongside this instrument (s3, s4).","Repeal of prior Determination (Schedule 1) means administrators or lawyers must compare the previous instrument to identify any substantive change in obligations or transitional arrangements (Schedule 1 item 1).","Low administrative discretion for the TPS Director: the instrument prescribes mandatory payment mechanics rather than allowing alternative methods (s6(1)–(3)).","Compliance burden on recipients: each payee must nominate a transaction account in their name; registered providers must hold the account with an authorised deposit‑taking institution, which may require account setup or changes to banking arrangements (s6(1)(b),(c)).","Operational/market consequence: the AUD requirement and electronic‑only rule can create additional steps for overseas recipients (currency conversion, Australian banking access), which are practical frictions though not elaborated in the text (s6(1)–(3)).","Commencement timing is immediate: the instrument takes effect the day after registration, so administrators must ensure systems and forms comply quickly (s2(1))."],"plain_english_summary":"Requires the TPS Director to make Tuition Protection Service/OSTF payments electronically, in Australian dollars, into a transaction account nominated in the recipient’s name. For registered providers the nominated transaction account must be held with an authorised deposit‑taking institution. Affects registered providers, other persons and students who receive TPS/OSTF payments and matters for their banking arrangements and administrative compliance."}},"importantCases":[],"_links":{"self":"/api/acts/education-services-for-overseas-students-calls-on-the-ostf-requirements-for-payments-instrument-2022","history":"/api/acts/education-services-for-overseas-students-calls-on-the-ostf-requirements-for-payments-instrument-2022/history","analysis":"/api/acts/education-services-for-overseas-students-calls-on-the-ostf-requirements-for-payments-instrument-2022/analysis","conflicts":"/api/acts/education-services-for-overseas-students-calls-on-the-ostf-requirements-for-payments-instrument-2022/conflicts","importantCases":"/api/acts/education-services-for-overseas-students-calls-on-the-ostf-requirements-for-payments-instrument-2022/important-cases","documents":"/api/acts/education-services-for-overseas-students-calls-on-the-ostf-requirements-for-payments-instrument-2022/documents"}}