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Education Services for Overseas Students (Suitable Alternative Courses) Instrument 2022
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Education Services for Overseas Students (Suitable Alternative Courses) Instrument 2022
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Commonwealth Coat of Arms of Australia
Education Services for Overseas Students (Suitable Alternative Courses) Instrument 2022
I, Jason Clare, Minister for Education, make the following instrument.
Dated 29/09/2022
Jason Clare
Minister for Education
Contents
1 Name
2 Commencement
3 Authority
4 Definitions
5 Schedules
6 Criteria to be applied in considering whether a particular course is a ‘suitable alternative course’
Schedule 1—Repeals
Education Services for Overseas Students (Suitable alternative courses) Determination 2012 (No. 1)
1 Name
This instrument is the Education Services for Overseas Students (Suitable Alternative Courses) Instrument 2022.
2 Commencement
(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
3 Authority
This instrument is made under subsection 49(6) of the Education Services for Overseas Students Act 2000.
4 Definitions
Note: A number of expressions used in this instrument are defined in section 5 of the Act, including the following:
(a) course; and
(b) registered provider.
In this instrument:
Act means the Education Services for Overseas Students Act 2000.
field of education has the same meaning given in the Australian Standard Classification of Education.
level of education has the same meaning given in the Australian Standard Classification of Education.
5 Schedule
The instrument specified in the Schedule to this instrument is repealed as set out in the applicable items in the Schedule.
6 Criteria to be applied in considering whether a particular course is a ‘suitable alternative course’
For the purposes of subsection 49(6) of the Act, the criteria to be applied in considering whether a particular course is a suitable alternative course are:
(a) whether the course is offered by a person who:
(i) is registered under the Act to provide that particular course at the location in which that course is provided; or
(ii) provides that course in accordance with an arrangement that the person has with a registered provider for that particular course for the particular location;
(b) whether the course is of a similar level of education and field of education as the course to which the default relates;
(c) geographical location; and
(d) acceptability to the student.
Schedule 1—Repeals
Education Services for Overseas Students (Suitable alternative courses) Determination 2012 (No. 1)
1 The whole of the instrument
Repeal the instrument.