Section 7 - Education Services for Overseas Students Legislation Amendment (Tuition Protection Service and Other Measures) Act 2012 - Meaning of tuition fees | Zoe
Education Services for Overseas Students Legislation Amendment (Tuition Protection Service and Other Measures) Act 2012
7Meaning of tuition fees
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(a) means fees a provider receives, directly or indirectly, from:
(i) an overseas student or intending overseas student; or
(ii) another person who pays the fees on behalf of an overseas student or intending overseas student;
that are directly related to the provision of a course that the provider is providing, or offering to provide, to the student; and
(b) without limiting paragraph (a), includes any classes of fees prescribed by the regulations for the purposes of this paragraph; and
(c) without limiting paragraph (a), excludes any classes of fees prescribed by the regulations for the purposes of this paragraph.
The amendments made by this Schedule apply in relation to any tuition fees for a course that are received by a registered provider after this item commences.
Schedule 5—Former accepted students
Part 1—Amendments
Education Services for Overseas Students Act 2000
1 After subsection 19(2)
Insert:
(2A) A registered provider must give particulars of a breach by a student under subsection (2) even if the student has ceased to be an accepted student of the provider.
2 After subsection 20(1)
Insert:
(1A) A registered provider must send a notice to a student under subsection (1) even if the student has ceased to be an accepted student of the provider.
3 Paragraph 97(2)(b)
After “accepted students”, insert “and former accepted students”.
4 Subsection 109(1)
After “accepted students”, insert “and former accepted students”.
5 Subsection 175(2)
Omit “accepted student’s student visa to the registered provider for the accepted student”, substitute “accepted student’s, or former accepted student’s, student visa to the registered provider for the student”.
Ombudsman Act 1976
6 Subsection 19ZJ(3)
Omit “or an accepted student,”, substitute “an accepted student, or a former accepted student,”.
7 Subsection 19ZK(5) (definition of statutory complaint handler)
Omit “or an accepted student, “, substitute “an accepted student, or a former accepted student,”.
Part 2—Application provision
8 Application
(1) The amendments to the Education Services for Overseas Students Act 2000 that are made by this Schedule apply in relation to:
(a) any breach of a student visa that occurs after this item commences; and
(b) any information that relates to an accepted student or former accepted student (whether the information was obtained before or after this item commences).
(2) The amendments to the Ombudsman Act 1976 that are made by this Schedule apply in relation to any complaint made, or investigation commenced, after commencement.
Schedule 6—Record keeping requirements
Part 1—Amendments
Education Services for Overseas Students Act 2000
1 Section 5
Insert:
approved unit of study has the meaning given by section 21.
2 Before subsection 21(1)
Insert:
Records of students’ details
3 Subsections 21(2) and (3)
Repeal the subsections, substitute:
(2) The records must consist of the following details for each accepted student:
(a) the student’s current residential address;
(b) the student’s mobile phone number (if any);
(c) the student’s email address (if any);
(d) any other details prescribed by the regulations.
(2A) A registered provider must have a procedure to ensure that, at least every 6 months, while the student remains an accepted student of the provider:
(a) the provider confirms, in writing, the details referred to in subsection (2) with the student; and
(b) the records are updated accordingly.
Records of assessment
(2B) If:
(a) an accepted student of a registered provider completes an approved unit of study for a course; and
(b) the student’s progress in that unit is assessed;
the provider must record the outcome of the student’s assessment for the unit.
(2C) A record under subsection (2B) must be:
(a) kept in accordance with any requirements prescribed by the regulations; and
(b) kept up‑to‑date.
Retention of records
(3) The provider must retain records kept under this section for at least 2 years after the person ceases to be an accepted student. However, the records do not need to be kept up‑to‑date after the cessation.
Note: The Minister may take action under Division 1 of Part 6 against a registered provider that has breached this section.
4 Before subsection 21(5)
Insert:
Offence
5 At the end of section 21
Add:
Meaning of approved unit of study
(7) In this Act:
approved unit of study for a course means a unit of study (however described) that has been approved for the course by a designated authority.
Part 2—Application and transitional provision
6 Application
(1) The amendments made by this Schedule (including the amendments made in relation to student details) apply in relation to any approved unit of study that an accepted student begins after this item commences.
(2) The amendments made by this Schedule (including the amendments made in relation to student details) also apply in relation to an approved unit of study that:
(a) an accepted student begins before this item commences; but
(b) is not completed by the time this item commences.
However, the amendments apply only in relation to the part of the unit of study that occurs after this item commences.
7 Transitional—regulations
Regulations that are in force under subsection 21(2) of the Education Services for Overseas Students Act 2000 immediately before this item commences are taken, after that time, to have been made for the purposes of paragraph 21(2)(d) of that Act (as inserted by this Schedule).
Schedule 7—Definition of designated authority
Part 1—Amendment that will not commence if the TEQSA Consequential Act commences first
Education Services for Overseas Students Act 2000
1 Section 5 (after paragraph (a) of the definition of designated authority)
Insert:
(aa) to the extent that the provider:
(i) is a registered training organisation (within the meaning of that Act), but not an NVR registered training organisation; and
(ii) is seeking to provide courses to overseas students for a non‑referring State (within the meaning of that Act);
the National VET Regulator; or
Part 2—Amendment commencing immediately after the later of Royal Assent and the commencement of the TEQSA Consequential Act
Education Services for Overseas Students Act 2000
2 Subsection 7A(1) (after table item 2)
Insert:
2A
a provider that:(a) is a registered training organisation (within the meaning of that Act), but not an NVR registered training organisation; and(b) is seeking to provide courses to overseas students for a non‑referring State (within the meaning of that Act)
the National VET Regulator
Part 3—Amendment commencing immediately after the commencement of Division 2 of this Part
Education Services for Overseas Students Act 2000
3 Subsection 7A(1) (paragraph (b) of cell at table item 2A, column headed “For a provider, to the extent that it is:”)
Omit “courses to overseas students for”, substitute “courses to overseas students at locations in”.