{"id":"C2004A05119","name":"Education Services for Overseas Students (Registration Charges) Act 1997","slug":"education-services-for-overseas-students-registration-charges-act-1997","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"18 of 1997","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":27141,"registerId":"commonwealth-C2004A05119-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n  This Act may be cited as the Education Services for Overseas Students (Registration Charges) Act 1997.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This Act commences on the day on which the Education Services for Overseas Students (Registration of Providers and Financial Regulation) Amendment Act (No. 1) 1997 commences.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Crown to be bound","content":"#### 3 Crown to be bound\n\n  This Act binds the Crown in each of its capacities.","sortOrder":2},{"sectionNumber":"3A","sectionType":"section","heading":"Definitions","content":"#### 3A Definitions\n\n  In this Act:\n\n> amount includes a nil amount.\n\n> CRICOS annual registration charge has the meaning given by subsection 5(2).\n\n> schools initial registration charge has the meaning given by subsection 6(2).\n\n> schools renewal registration charge has the meaning given by subsection 7(2).\n\n> year means calendar year.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Interpretation","content":"#### 4 Interpretation\n\n  An expression used in this Act that is also used in the Education Services for Overseas Students Act 2000 has the same meaning as in that Act, unless the contrary intention appears.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"CRICOS annual registration charge","content":"#### 5 CRICOS annual registration charge\n\n  (1) Charge is imposed on a provider for a year if the provider is a registered provider on 1 January of that year.\n  (2) Charge imposed by subsection (1) is to be known as CRICOS annual registration charge.\n  (3) CRICOS annual registration charge imposed on a provider for a year is payable by the provider.\n  Amount of charge\n  (4) The amount of CRICOS annual registration charge imposed on a provider for a year is the amount:\n    (a) prescribed by the regulations for that year; or\n    (b) worked out for that year in accordance with a method prescribed by the regulations.\n  (5) Without limiting paragraph (4)(b), the regulations may provide for the amount of CRICOS annual registration charge imposed on a provider for a year to be equal to the sum of such components as are prescribed by, or ascertained in accordance with, the regulations.\n  (6) Before the Governor‑General makes regulations for the purposes of subsection (4), the Minister must be satisfied that the effect of those regulations will be to recover no more than the Commonwealth’s likely costs in connection with the Secretary’s performance of functions, and exercise of powers, under the Education Services for Overseas Students Act 2000.\n  (7) For the purposes of subsection (6), disregard the following:\n    (a) costs in connection with functions or powers covered by subsection 6(6) or 7(6);\n    (b) costs that are likely to be offset by reinstatement fees.\n  (8) The regulations may provide for indexation of amounts specified in the regulations.\n  Exemption\n  (9) The regulations may prescribe one or more classes of provider that are exempt from CRICOS annual registration charge.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Schools initial registration charge","content":"#### 6 Schools initial registration charge\n\n  (1) If:\n    (a) a provider makes an application under section 9 of the Education Services for Overseas Students Act 2000 for registration to provide a course or courses at a location or locations; and\n    (b) the provider:\n    (i) is an approved school provider when the application is made; and\n    (ii) meets the registration requirements (disregarding subparagraph 11(g)(i) of the Education Services for Overseas Students Act 2000); and\n    (iii) is not registered under the Education Services for Overseas Students Act 2000 to provide any course at any location;\n  charge is imposed on the application.\n  (2) Charge imposed by subsection (1) is to be known as schools initial registration charge.\n  (3) Schools initial registration charge imposed on an application made by a provider is payable by the provider.\n  Amount of charge\n  (4) The amount of schools initial registration charge imposed on an application is the amount:\n    (a) prescribed by the regulations; or\n    (b) worked out in accordance with a method prescribed by the regulations.\n  (5) Without limiting paragraph (4)(b), the regulations may provide for the amount of schools initial registration charge imposed on an application to be equal to the sum of such components as are prescribed by, or ascertained in accordance with, the regulations.\n  (6) Before the Governor‑General makes regulations for the purposes of subsection (4), the Minister must be satisfied that the effect of those regulations will be to recover no more than the Commonwealth’s likely costs in connection with the Secretary’s performance of functions, and exercise of powers, under:\n    (a) Subdivision A of Division 3 of Part 2 of the Education Services for Overseas Students Act 2000; or\n    (b) section 11 of that Act, so far as that section relates to section 10 of that Act; or\n    (c) section 11A of that Act, so far as that section relates to an application made under section 9 of that Act; or\n    (d) section 11B of that Act, so far as that section relates to an application made under section 9 of that Act; or\n    (e) subsection 11C(1) of that Act, so far as that subsection relates to a notice given under section 10A of that Act; or\n    (f) subsection 11C(2) of that Act; or\n    (g) section 14 of that Act;\n  so far as those functions and powers relate to the Secretary’s capacity as the ESOS agency for approved school providers.\n  (7) The regulations may provide for indexation of amounts specified in the regulations.\n  Exemption\n  (8) The regulations may prescribe one or more classes of provider that are exempt from schools initial registration charge.","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Schools renewal registration charge","content":"#### 7 Schools renewal registration charge\n\n  (1) If:\n    (a) a registered provider makes an application under section 10D of the Education Services for Overseas Students Act 2000 for renewal of registration; and\n    (b) the registered provider:\n    (i) is an approved school provider when the application is made; and\n    (ii) meets the registration requirements (disregarding subparagraph 11(h)(ii) of the Education Services for Overseas Students Act 2000);\n  charge is imposed on the application.\n  (2) Charge imposed by subsection (1) is to be known as schools renewal registration charge.\n  (3) Schools renewal registration charge imposed on an application made by a registered provider is payable by the registered provider.\n  Amount of charge\n  (4) The amount of schools renewal registration charge imposed on an application is the amount:\n    (a) prescribed by the regulations; or\n    (b) worked out in accordance with a method prescribed by the regulations.\n  (5) Without limiting paragraph (4)(b), the regulations may provide for the amount of schools renewal registration charge imposed on an application to be equal to the sum of such components as are prescribed by, or ascertained in accordance with, the regulations.\n  (6) Before the Governor‑General makes regulations for the purposes of subsection (4), the Minister must be satisfied that the effect of those regulations will be to recover no more than the Commonwealth’s likely costs in connection with the Secretary’s performance of functions, and exercise of powers, under:\n    (a) Subdivision C of Division 3 of Part 2 of the Education Services for Overseas Students Act 2000; or\n    (b) section 10L of that Act; or\n    (c) section 11 of that Act, so far as that section relates to section 10E of that Act; or\n    (d) section 11A of that Act, so far as that section relates to an application made under section 10D of that Act; or\n    (e) section 11B of that Act, so far as that section relates to an application made under section 10D of that Act; or\n    (f) subsection 11C(1) of that Act, so far as that subsection relates to a notice given under section 10G of that Act; or\n    (g) subsection 11C(3) of that Act, so far as that subsection relates to a matter set out in paragraph (b) or (d) of that subsection;\n  so far as those functions and powers relate to the Secretary’s capacity as the ESOS agency for approved school providers.\n  (7) The regulations may provide for indexation of amounts specified in the regulations.\n  Exemption\n  (8) The regulations may prescribe one or more classes of registered provider that are exempt from schools renewal registration charge.","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Act does not impose tax on property of a State","content":"#### 8 Act does not impose tax on property of a State\n\n  (1) This Act does not impose a tax on property of any kind belonging to a State.\n  (2) For the purposes of this section, property of any kind belonging to a State has the same meaning as in section 114 of the Constitution.","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Regulations","content":"#### 9 Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":9}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act originally (1997) focused solely on an annual registration charge for CRICOS-registered providers. Its scope was subsequently expanded to add two new charge types specifically for school providers — the initial registration charge and the renewal registration charge (sections 6 and 7) — reflecting the later development of a dedicated registration and renewal pathway for school providers under the ESOS Act 2000. The addition of section 3A (definitions) and the explicit cost-recovery caps also represent a broadening and refinement beyond the original simple charging framework."},"complexity_factors":["Three distinct charge types with different triggering conditions requiring careful reading to distinguish","Heavy cross-referencing to a separate Act (Education Services for Overseas Students Act 2000), making the Act difficult to understand in isolation","Charge amounts are not set in the Act itself but delegated to regulations, creating a two-tier legal framework that readers must track separately","Constitutional law dimension — section 114 of the Constitution referenced in relation to State property exemptions","Ministerial satisfaction requirement before regulations can be made adds a procedural layer not visible on the face of the charging provisions","Multiple subsection cross-references within sections 6 and 7 listing specific functions/powers from the parent Act, requiring familiarity with that Act's structure","Indexation provisions add a dynamic element to charge amounts that cannot be determined from the Act alone"],"plain_english_summary":"This Act establishes a fee regime for education providers who enrol overseas students in Australia, creating annual and school-specific one‑off/renewal charges to register on the CRICOS list. It affects universities, colleges, private providers and schools — anyone seeking to teach international students — and funds the Commonwealth’s registration and oversight work.\n\nFees must be cost‑recovery only (not revenue raising), may be indexed, can include regulatory exemptions, and do not operate to tax state government property."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: imposing registration charges on education providers for overseas students. The three charge types (annual, initial school registration, and school renewal) all serve the core function of cost recovery for the ESOS regulatory scheme. There is no significant scope creep beyond this original intent."},"complexity_factors":["Heavy reliance on delegated legislation (regulations) to set actual fee amounts — the Act only provides the framework","Multiple cross-references to the Education Services for Overseas Students Act 2000 (the 'parent Act'), requiring readers to flip between statutes to understand eligibility criteria","Nested conditional logic in sections 6 and 7 with multiple cumulative requirements (e.g., 'is an approved school provider AND meets registration requirements AND is not registered...')","Cost-recovery limitation clauses (subsections 5(6), 6(6), 7(6)) that require the Minister to be satisfied about specific cost categories before regulations are made","Specific carve-outs and disregards (e.g., subsections 5(7), 6(6), 7(6)) that exclude certain costs from the cost-recovery calculation","Indexation provisions allowing regulations to adjust amounts for inflation without returning to Parliament"],"plain_english_summary":"This law sets up a system of fees (called 'charges') that education providers must pay to the Australian Government for registering to teach international students.\n\n**What it does:**\nThe Act creates three specific types of charges:\n\n*   **CRICOS annual registration charge** — An yearly fee paid by any education provider already registered on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS). If you're on the register on 1 January, you pay this charge for that year.\n\n*   **Schools initial registration charge** — A one-off fee paid by school providers when they first apply to register to teach overseas students.\n\n*   **Schools renewal registration charge** — A fee paid by registered school providers when they apply to renew their registration.\n\n**Who it affects:**\nEducation providers (universities, colleges, schools, and other institutions) that want to enrol international students. These providers must be registered under the Education Services for Overseas Students Act 2000 (the ESOS Act).\n\n**How the amounts are set:**\nThe actual dollar amounts aren't in this Act — they're set by regulations (rules made by the Government). However, the law puts an important limit on those regulations: the fees can only recover what it costs the Government to run the registration system. They can't be used to make a profit.\n\n**Why it matters:**\nThis law ensures that Australian taxpayers don't foot the bill for regulating international education. Instead, the education providers who benefit from the international student market pay the costs of being registered and monitored. It also maintains Australia's reputation for quality education by ensuring only properly vetted providers can recruit overseas students."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Act creates a regulatory cost-recovery framework for ESOS registration activity rather than altering which activities are regulated. It confines chargeable activities to those tied to specified ESOS functions and leaves rate-setting, indexation and exemptions to regulations (ss 5–7). The Ministerial satisfaction clauses (ss 5(6)–(7), 6(6), 7(6)) limit charges to recovery of the Commonwealth’s likely costs, with stated exclusions, so the Act changes how costs are recovered but does not expand the statutory regulatory scope set out in the Education Services for Overseas Students Act 2000."},"complexity_factors":["Multiple distinct charges (CRICOS annual, schools initial, schools renewal) with separate triggering events and payers (ss 5–7).","Amounts are set either directly by regulation or via regulatory calculation methods, including multipart components (ss 5(4)–(5), 6(4)–(5), 7(4)–(5)).","Ministerial pre-condition requiring satisfaction that regulations will recover no more than Commonwealth likely costs, with specified exclusions (ss 5(6)–(7), 6(6), 7(6)).","Cross-reference and dependency on functions and powers in the Education Services for Overseas Students Act 2000 for scope and cost bases (s 4 and ss 6(6), 7(6)).","Regulatory discretions for indexation and exemptions, and for prescribing calculation components, create implementation variability (ss 5(8)–(9), 6(7)–(8), 7(7)–(8)).","Legal formality points: Act binds the Crown (s 3) and protects State property from taxation (s 8), which affect application and limits."],"plain_english_summary":"This Act requires overseas-student education providers to pay registration charges prescribed by regulation; the regulations set amounts or methods of calculation and the charges are payable by the provider (ss 5–7). The Minister must be satisfied regulations recover no more than the Commonwealth’s likely costs for specified ESOS-related functions (ss 5(6)–(7), 6(6), 7(6)). Regulations may index amounts and may exempt classes of provider (ss 5(8)–(9), 6(7)–(8), 7(7)–(8))."}},"importantCases":[],"_links":{"self":"/api/acts/education-services-for-overseas-students-registration-charges-act-1997","history":"/api/acts/education-services-for-overseas-students-registration-charges-act-1997/history","analysis":"/api/acts/education-services-for-overseas-students-registration-charges-act-1997/analysis","conflicts":"/api/acts/education-services-for-overseas-students-registration-charges-act-1997/conflicts","importantCases":"/api/acts/education-services-for-overseas-students-registration-charges-act-1997/important-cases","documents":"/api/acts/education-services-for-overseas-students-registration-charges-act-1997/documents"}}