Section 169A - Education Services for Overseas Students Legislation Amendment (Tuition Protection Service and Other Measures) Act 2012 - Guide to this Part | Zoe
Education Services for Overseas Students Legislation Amendment (Tuition Protection Service and Other Measures) Act 2012
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• This Part contains miscellaneous provisions, such as the following:
(a) publication of enforcement action and annual reports;
(b) delegation powers;
(c) provisions relating to paying amounts like fees, penalties and charges;
(d) giving information to relevant bodies;
(e) review of decisions.
80 Paragraphs 176(1)(a) to (ab)
Repeal the paragraphs, substitute:
(aa) a decision that an approved provider should not be registered under section 9AB; or
(ab) a decision that an approved provider be registered for a specified period under section 9AC, or a decision under that section to vary that specified period; or
(ac) a decision to impose a condition on a provider’s registration under section 9AD or 9AE; or
(ad) a decision to vary a condition under section 9AF; or
(ae) a decision that a course at a location should not be added to a provider’s registration under section 9AG; or
81 Paragraph 176(1)(b)
Omit “or 88”.
Part 3—Contingent amendments
Division 1—Amendment that will not commence if the Registration Charges Acts commence first
Education Services for Overseas Students Act 2000
82 Section 12 (note 1)
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).
Division 2—Amendments commencing immediately after the later of the commencement of Part 2 of this Schedule and the Registration Charges Acts
Education Services for Overseas Students Act 2000
83 Paragraph 9AB(1)(c)
Repeal the paragraph, substitute:
(c) the provider has paid the first entry to market charge (unless the provider is exempt from the requirement to do so under regulations made under subsection 6(4) of the Education Services for Overseas Students (Registration Charges) Act 1997); and
84 Paragraph 9AB(1)(g)
Omit “annual registration charge or”, substitute “annual registration charge, a second or third entry to market charge or a”.
85 Subsection 12(1) (note 1)
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).
86 Paragraph 12(2)(a)
Omit “section 9”, substitute “section 9AB”.
Education Services for Overseas Students Amendment (Registration Charges Consequentials) Act 2011
87 Subitem 17(4) of Schedule 1
Omit “for a State under section 9”, substitute “under section 9AB”.
Education Services for Overseas Students (Registration Charges) Amendment Act 2011
88 Subitem 14(2) of Schedule 1
Omit “for a State under section 9”, substitute “under section 9AA”.
Division 3—Repeal of provisions if this Act commences before item 7 of Schedule 1 to the Registration Charges Acts
Education Services for Overseas Students Amendment (Registration Charges Consequentials) Act 2011
89 Item 7 of Schedule 1
Repeal the item.
90 Subitems 17(1) and (2) of Schedule 1
Repeal the subitems.
91 Subitem 17(4) of Schedule 1
Omit “amendments made by items 7 and”, substitute “amendment made by item”.
Division 4—Repeal of provisions if this Act commences before other items in the Registration Charges Acts
Education Services for Overseas Students Amendment (Registration Charges Consequentials) Act 2011
92 Items 5 and 6 of Schedule 1
Repeal the items.
93 Items 8 and 9 of Schedule 1
Repeal the items.
Part 4—Application, saving and transitional provisions
Division 1—Definition of ESOS Act
94 Definition of ESOS Act
In this Part:
ESOS Act means the Education Services for Overseas Students Act 2000.
Division 2—Application and transitional provisions for national registration
95 Application—recommendations of designated authorities
Recommendations made after commencement
(1) The amendments made by Parts 1 to 3 of this Schedule apply in relation to any recommendation, made by a designated authority after this item commences, that an approved provider be registered under the ESOS Act to provide a course at a location to overseas students.
Recommendations made before commencement
(2) The amendments made by Parts 1 to 3 of this Schedule also apply in relation to any recommendation made by a designated authority that an approved provider be registered under the ESOS Act to provide a course for a State to overseas students if:
(a) the recommendation is made before this item commences; and
(b) immediately before this item commences, the Secretary has not yet decided whether to register the provider for the course for the State under section 9 of that Act.
(3) If, after this item commences, the Secretary decides:
(a) under section 9AB of the ESOS Act (as inserted by this Schedule) to register a provider referred to in subitem (2) of this item; or
(b) under section 9AG of that Act (as inserted by this Schedule) to add a course to the registration of a provider referred to in subitem (2) of this item;
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
(4) If:
(a) after this item commences, the Secretary decides to add a course at a location to a provider’s registration under section 9AG of the ESOS Act (as inserted by this Schedule); and
(b) the provider already has 2 or more other separate registrations to provide courses to overseas students;
the Secretary may choose which registration to add the new course to.
(5) The Secretary must use a risk management approach when considering which registration to add a new course to.
Review of decisions
(6) The ESOS Act applies as if section 176 of that Act included a reference to:
(a) a decision under subitem (3) of this item to determine the location or locations at which the provider is to be registered to provide the course; and
(b) a decision under subitem (4) of this item to choose which registration to add a new course to.
Note: Section 176 of the ESOS Act allows applications to be made to the Administrative Appeals Tribunal for review of decisions.
96 Transitional—requesting amalgamation of registrations
(1) This item applies if, at the time this item commences, a provider has more than one registration under the ESOS Act.
Request to amalgamate registrations
(2) The provider may, in the approved form, request the Secretary to amalgamate all of the provider’s registrations into one registration.
(3) The Secretary may approve a form for the purposes of subitem (2).
Secretary may amalgamate registrations or refuse request
(4) If a provider makes a request under subitem (2), the Secretary may:
(a) amalgamate all of the provider’s registrations into one registration; or
(b) refuse to amalgamate all of the provider’s registrations into one registration.
(5) The Secretary may choose which of the provider’s registrations is to become the provider’s single registration under the ESOS Act.
(6) The Secretary must use a risk management approach when considering which registration to choose to become the provider’s single registration.
(7) The Secretary may remove a provider’s registration from the Register if the Secretary amalgamates that registration into another registration under this item.
Review of decisions
(8) The ESOS Act applies as if section 176 of that Act included a reference to:
(a) a decision under subitem (4) of this item to refuse to amalgamate all of the provider’s registrations into one registration; and
(b) a decision under subitem (5) of this item to choose which registration is to become the provider’s single registration.
Note: Section 176 of the ESOS Act allows applications to be made to the Administrative Appeals Tribunal for review of decisions.
Division 3—Other application, saving and transitional provisions
97 Transitional—old registrations
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.
98 Saving—cancellation or suspension of registration of courses for States
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.
99 Transitional—locations already in Register
(1) This item applies if:
(a) immediately before this item commences, a provider is registered under the ESOS Act to provide a course for a State; and
(b) the Register also includes a reference to one or more locations in that State at which the provider provides that course.
(2) For the purposes of the ESOS Act as amended by this Schedule, the provider is taken, after this item commences, to be registered to provide that course at that location or those locations.
(3) For the purposes of the ESOS Act as amended by this Schedule, if:
(a) immediately before this item commences, a provider’s registration for a course for a State is suspended; and
(b) under subitem (2), the provider is taken to be registered to provide the course at a location or at locations in that State;
the provider’s registration is taken, after this item commences, to be suspended for the course for that location or those locations.
(4) For the purposes of the ESOS Act as amended by this Schedule, if:
(a) immediately before this item commences, a provider’s registration for all courses for all States is suspended; and
(b) under subitem (2), the provider is taken to be registered to provide a course at a location or locations;
the provider’s registration is taken, after this item commences, to be suspended for all courses for all locations.
100 Transitional—approved form and certificates
Approved form
(1) A form that has been approved for a State for the purposes of paragraph 9(2)(c) of the ESOS Act immediately before this item commences is taken, after that time, to have been approved for the purposes of section 9AH of that Act (as inserted by this Schedule).
Certificates
(2) If:
(a) a designated authority gives the Secretary a certificate under paragraph 9(2)(c) of the ESOS Act before this item commences; and
(b) immediately before this item commences, the Secretary has not yet decided whether to register the provider to whom the certificate relates;
the certificate is taken, after this item commences, to have been given under section 9AH of that Act (as inserted by this Schedule).
(3) If a designated authority referred to in subitem (2) tells the Secretary in writing, for the purposes of paragraph 9(2)(ca) of the ESOS Act, that the provider has satisfied the designated authority that the provider is fit and proper to be registered, the designated authority is taken to have included such a statement in a certificate for the purposes of paragraph 9AH(b) of that Act (as inserted by this Schedule).
101 Application—period of registration
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).
102 Application—powers in relation to conditions
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).
103 Saving—the Register
The repeal of section 10 of the ESOS Act by this Schedule does not affect the continuity of the Register.
104 Saving—allocated numbers
If:
(a) before this item commences, a number has been allocated to a provider under paragraph 10(4)(c) of the ESOS Act; and
(b) immediately before this item commences, the provider is registered to provide a course for a State;
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).
105 Transitional—regulations
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).
106 Transitional—conditions
(1) A condition that is in force under section 14A of the ESOS Act immediately before this item commences is taken, after that time, to have been imposed under section 9AD of that Act (as inserted by this Schedule).
(2) A condition that is in force under section 14B of the ESOS Act immediately before this item commences is taken, after that time, to have been imposed under section 9AE of that Act (as inserted by this Schedule).
107 Application—amendments to section 89
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.
108 Application—amendments to section 89A
(1) The amendments to section 89A of the ESOS Act made by this Schedule apply in relation to any registration of a provider (whether the provider is registered before or after this item commences).
(2) The repeal of subsections 89A(1) to (1B) 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 any of those subsections immediately before this item commences.
(3) The repeal of subsection 89A(2) of the ESOS Act by this Schedule does not affect the continuity of any notice:
(a) that is given under that subsection before this item commences; and
(b) in relation to which, immediately before this item commences, the provider has not yet paid the associated reinstatement fee.
Schedule 3—Pre‑paid fees
Part 1—Amendments
Division 1—Main amendments
Education Services for Overseas Students Act 2000
1 After paragraph 4B(2)(b)
Insert:
(c) paragraph 31(a);
2 Section 5
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.
3 Section 5
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.