5Definitions

5 Definitions

Note: A number of expressions used in this instrument are defined in the Act, including the following:

(a) accepted student;
(b) education agent;
(c) ESOS agency;
(d) provider;
(e) study period.

In this instrument:

ABN (short for Australian Business Number) has the same meaning as in the A New Tax System (Australian Business Number) Act 1999.

ACN (short for Australian Company Number) has the same meaning as in the Corporations Act 2001.

Act means the Education Services for Overseas Students Act 2000.

Australian Qualifications Framework means the framework for recognition and endorsement of qualifications:

(a) that is established by the Council consisting of the Ministers for the Commonwealth and each State and Territory responsible for higher education; and
(b) that is to give effect to agreed standards in relation to the provision of education in Australia.

non‑tuition fees, for a course, means an amount of money that:

(a) a provider receives, directly or indirectly, from:
(i) an overseas student who is accepted for enrolment, or enrolled, in the course; or
(ii) an intending overseas student who intends to become, or who has taken any steps towards becoming, accepted for enrolment, or enrolled, in the course; or
(iii) another person who pays the amount on behalf of such an overseas student or intending overseas student; and
(b) is not tuition fees.

public provider means:

(a) a government school; or
(b) a registered VET provider that is owned or controlled (whether directly or indirectly) by a State or Territory; or
(c) a Table A provider (within the meaning of the Higher Education Support Act 2003).

recruitment activity means an activity mentioned in paragraph (a) of the definition of education agent in section 6BA of the Education Services for Overseas Students Act 2000.

registered migration agent has the same meaning as in Part 3 of the Migration Act 1958.

registered office of a body corporate means the office of the body corporate that is the registered office in accordance with the Commonwealth, State, Territory or foreign law by or under which the body corporate is incorporated.