56GDecisions without meetings

56G Decisions without meetings

(1) The Board is taken to have made a decision at a meeting if: (a) without meeting, a majority of the Board members entitled to vote on the proposed decision indicate agreement with the decision; and (b) that agreement is indicated in accordance with the method determined by the Board under subsection (2); and (c) all the Board members were informed of the proposed decision, or reasonable efforts were made to inform all the members of the proposed decision. (2) Subsection (1) applies only if the Board: (a) has determined that it may make decisions of that kind without meeting; and (b) has determined the method by which Board members are to indicate agreement with proposed decisions. (3) For the purposes of paragraph (1)(a), a Board member is not entitled to vote on a proposed decision if the Board member would not have been entitled to vote on that proposal if the matter had been considered at a meeting of the Board. (4) The Board must keep a record of decisions made in accordance with this section.

Part 2—Consequential amendments

Education Services for Overseas Students Act 2000

2 Paragraph 4A(a)

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

3 Paragraphs 4B(2)(c) and (e)

Repeal the paragraphs.

4 Section 5

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.

5 Section 5 (definition of annual Fund contribution)

Repeal the definition.

6 Section 5

Insert:

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

7 Section 5

Insert:

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

8 Section 5

Insert:

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

9 Section 5 (definition of contributions criteria)

Repeal the definition.

10 Section 5

Insert:

default:

(a) in relation to a registered provider—has the meaning given by section 46A; and
(b) in relation to an overseas student or intending overseas student—has the meaning given by section 47A.

11 Section 5

Insert:

default day, in relation to a default, means:

(a) if subparagraph 46A(1)(a)(i) or paragraph 47A(1)(a) applies—the agreed starting day; or
(b) if subparagraph 46A(1)(a)(ii) applies—the day on which the course ceases to be provided; or
(c) if paragraph 47A(1)(b) applies—the day on which the student withdraws from the course; or
(d) if paragraph 47A(1)(c) applies—the day on which the registered provider of the course refuses to provide, or continue providing, the course to the student.

12 Section 5 (definition of Fund)

Repeal the definition.

13 Section 5 (definition of Fund Manager)

Repeal the definition.

14 Section 5

Insert:

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

15 Section 5

Insert:

OSTF: see Overseas Students Tuition Fund.

16 Section 5

Insert:

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

17 Section 5 (definition of Panel)

Repeal the definition.

18 Section 5

Insert:

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

19 Section 5 (definition of special levy)

Repeal the definition.

20 Section 5

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).

21 Section 5 (definition of tuition assurance scheme)

Repeal the definition.

22 Section 13

Repeal the section, substitute: