Education Service Providers (Full Fee Overseas Students) Registration Regulations 1992
1Education Service Providers (Full Fee Overseas Students) Registration Regulations 1992
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Education Service Providers (Full Fee Overseas Students) Registration Act 1991
Education Service Providers (Full Fee Overseas Students) Registration Regulations 1992
Western Australia
Education Service Providers (Full Fee Overseas Students) Registration Regulations 1992
Contents
Citation 1
Commencement 1
Terms used 1
Fees 2
Exempted education service providers 2
Renewal of registration 2
Particulars to be included in register 3
Notification of changes in particulars 3
Annual returns 4
Offences 4
Operation of approved accounts and trust accounts 4
Schedule 1 — Fees
Schedule 2
Exempted education service providers
Schedule 3 — Forms
Notes
Compilation table 11
Defined terms
Western Australia
Education Service Providers (Full Fee Overseas Students) Registration Act 1991
Education Service Providers (Full Fee Overseas Students) Registration Regulations 1992
1. Citation
These regulations may be cited as the Education Service Providers (Full Fee Overseas Students) Registration Regulations 1992.
2. Commencement
These regulations come into operation on the day on which the Act comes into operation.
3. Terms used
(1) In these regulations, unless the contrary intention appears —
approved means approved by the chief executive officer;
exempted education service provider means an education service provider exempted under regulation 5;
register means the register of education service providers kept under section 41;
section means a section of the Act.
(2) A reference in these regulations to registration or the renewal of registration includes a reference to the issue or renewal of a certificate of registration under section 18.
4. Fees
The fees set out in Schedule 1 are payable in respect of the matters referred to in that Schedule.
5. Exempted education service providers
An education service provider mentioned in Schedule 2 is exempted from —
(a) section 9, 10 or 11, whichever is applicable; and
(b) Part 3 of the Act other than sections 22, 25 and 28.
6. Renewal of registration
(1) An application for renewal of registration under the Act shall be made in the approved form not earlier than 90 days and not later than 30 days before the date on which the registration expires.
(2) An application under subregulation (1) shall be accompanied by the fee set out in Schedule 1.
(3) If —
(a) an application is made, and the fee is paid, under this regulation; and
(b) the chief executive officer is satisfied —
(i) as to the matters referred to in section 13(1); and
(ii) if section 9, 10 or 11 is applicable, as to the matters referred to in that section,
the chief executive officer shall renew the registration of the education service provider subject to such conditions (if any) as the chief executive officer imposes under section 15.
7. Particulars to be included in register
The register of education service providers is to contain the following particulars with respect to each registered education service provider —
(a) the name, principal location and other contact details of the education service provider; and
(b) the registered name, address and other contact details of the proprietor of the education service provider; and
(c) the name, title, address and other contact details of the vice‑chancellor, director or principal of the education service provider; and
(d) the name, title, address and other contact details of the person designated by the education service provider as the person who has particular responsibility for overseas students; and
(e) the name and location of other premises of the education service provider; and
(f) the title, duration and tuition fee for each education service that the education service provider provides to full fee overseas students; and
(g) the amount and purpose of any additional fees charged of full fee overseas students; and
(h) the information supplied by the education service provider as to the number of full fee overseas student numbers to whom it provides education services.
8. Notification of changes in particulars
(1) A registered education service provider shall notify the chief executive officer in writing as soon as practicable after any change occurs in relation to —
(a) any of the particulars contained in the register with respect to that education service provider; or
(b) any matter relating to that education service provider of a kind referred to in section 13(1); or
(c) any other information supplied by that education service provider in its most recent application for registration or renewal of registration.
(2) Subregulation (1) does not apply to a change in respect of which an application or notice has to be given under section 18.
9. Annual returns
(1) Not later than 30 April each year a registered education service provider must give to the chief executive officer an annual return for the year ending on the previous 31 December.
(2) An annual return —
(a) must be in the form of Form 1 in Schedule 3 or in another form approved by the chief executive officer; and
(b) may be provided on computer disc or by another electronic or other method, if that is approved by the chief executive officer.
[Regulation 9 inserted: Gazette 6 Sep 1996 p. 4408.]
10. Offences
A person who contravenes regulation 8 or 9 commits an offence and is liable to a penalty of $1 000.
11. Operation of approved accounts and trust accounts
If, under section 16, an education service provider to which that section applies is directed by the chief executive officer to pay students’ funds into an approved account or an approved trust account the education service provider shall —
(a) operate the approved account or approved trust account; and
(b) make payments into and out of the approved account or approved trust account; and
(c) pay interest derived from students’ funds,
in accordance with the contractual arrangements referred to in section 13(1)(e) and any conditions imposed by the chief executive officer under section 15.
Schedule 1 — Fees
[r. 4]
[Heading inserted: SL 2023/67 r. 4.]
For —
(a) an application under section 9, 10, 11, 12 or 20(5) for registration of an education service provider;
(b) an application under regulation 6(1) for renewal of the registration of an education service provider;
(c) an application under section 18(1) for the amendment of a certificate of registration by adding 1 or more education services:
— if the number of full fee overseas
students at the education service
provider is less than 10 ........................ $345
— if the number of full fee overseas
students at the education service
provider is 10 or more ......................... $855
For an application under section 18(1) for the
amendment of a certificate of registration by deleting
1 or more education services........................................ $21
For a notice under section 18(3) of a change in particulars if there is a change in the proprietorship of the education service provider:
— if the number of full fee overseas
students at the education service
provider is less than 10 .................................... $345
— if the number of full fee overseas
students at the education service
provider is 10 or more ...................................... $855
For a notice under section 18(3) of any other
change in particulars .........................................................$21
[Schedule 1 inserted: SL 2023/67 r. 4.]
Schedule 2
[r. 5]
[Heading amended: SL 2023/67 r. 5.]
Exempted education service providers
Aquinas College
Manning
Aranmore Catholic College
Leederville
Australian Islamic College
Thornlie
Bunbury Cathedral Grammar School
Bunbury
Carmel Adventist College
Carmel
Catholic Agricultural College
Bindoon
Chisholm Catholic College
Bedford
Christ Church Grammar School
Claremont
Christian Brothers College Fremantle
Fremantle
Christ the King School
Beaconsfield
Foothills School
Guildford
Guildford Grammar School
Guildford
Hale School
Wembley Downs
Iona Presentation College
Mosman Park
John Paul XXIII College
Claremont
Lake Joondalup Baptist College
Joondalup
Mazenod College
Lesmurdie
Mercy College
Koondoola
Methodist Ladies College
Claremont
Montessori School
Kingsley
Nagle Catholic College
Geraldton
Newman College
Doubleview
Orana Catholic Primary School
Willetton
Penrhos College
Como
Perth College (Inc.)
Mt Lawley
Perth Montessori School
Victoria Park
Pioneer Village School
Armadale
Presbyterian Ladies College
Cottesloe
Quinns Baptist College
Quinns Rocks
Sacred Heart College
Sorrento
Sacred Heart Primary School
Mt Lawley
Santa Maria College
Attadale
Scotch College
Claremont
Servite College
Tuart Hill
Seton Catholic College
Samson
St Andrew’s Grammar
Dianella
St Brigid’s College
Lesmurdie
St Denis School
Joondanna
St Hilda’s Anglican School for Girls
Mosman Park
St John’s School
Scarborough
St Joseph’s College
Albany
St Jude’s Catholic School
Langford
St Luke’s College
Karratha
St Mary’s Anglican Girls School
Karrinyup
St Michael’s School
Bassendean
St Norbet College
Cannington
St Paul’s Primary School
Mount Lawley
St Pius X Catholic Primary School
Manning
St Stephen’s School
Duncraig
Swan Christian High School
Midland
Trinity College
East Perth
Ursula Frayne Catholic College
Victoria Park
Wesley College
South Perth
[Schedule 2 inserted: Gazette 22 Dec 1995 p. 6168‑9; amended in Gazette 7 Mar 1997 p. 1405.]
Schedule 3 — Forms
[r. 9]
[Heading amended: SL 2023/67 r. 6.]
Form 1
Education Service Provider:................................................................................................Page number ........................ of ................................. pages. Field 13 Broad field of study (code)
[Schedule 3 inserted: Gazette 6 Sep 1996 p. 4409.]
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Notes
This is a compilation of the Education Service Providers (Full Fee Overseas Students) Registration Regulations 1992 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.
Compilation table
Citation
Published
Commencement
Education Service Providers (Full Fee Overseas Students) Registration Regulations 1992
16 Oct 1992 p. 5115‑18
16 Oct 1992 (see r. 2 and Gazette 16 Oct 1992 p. 5114)
Reprint of the Education Service Providers (Full Fee Overseas Students) Registration Regulations 1992as at 11 Oct 2002 (includes amendments listed above)
r. 1 and 2: 8 Oct 2013 (see r. 2(a)); Regulations other than r. 1 and 2: 9 Oct 2013 (see r. 2(b))
Reprint 2: The Education Service Providers (Full Fee Overseas Students) Registration Regulations 1992 as at 7 Nov 2014 (includes amendments listed above)
This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.