Education Services for Overseas Students Amendment Act 2002 (Cth)

Education Services for Overseas Students Amendment Act 2002

No. 101, 2002

An Act to amend the Education Services for Overseas Students Act 2000, and for related purposes

Contents

Education Services for Overseas Students Amendment Act 2002

No. 101, 2002

An Act to amend the Education Services for Overseas Students Act 2000, and for related purposes

[Assented to 10 November 2002]

The Parliament of Australia enacts:

1Short title

This Act may be cited as the Education Services for Overseas Students Amendment Act 2002.

2Commencement

This Act commences on the day after it receives the Royal Assent.

3Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Education Services for Overseas Students Act 2000

1

Section 5 (definition of registered provider)

Omit “registered as a provider”, substitute “entered on the Register as a provider”.

2

Paragraph 8(1)(e)

Omit “the course for that State”, substitute “that particular course for that particular State”.

3

Paragraph 8(1)(f)

Omit “for the course for that State”, substitute “for that particular course for that particular State”.

4

Paragraph 9(2)(d) (note)

Omit “Minister”, substitute “Secretary”.

5

Paragraph 9(6)(b)

After “or suspended”, insert “for any one or more courses for any one or more States”.

6

Paragraph 11(1)(b)

After “or suspended”, insert “for any one or more courses for any one or more States”.

7

Paragraph 14(1)(a)

Omit “Minister”, substitute “Secretary”.

Note: The heading to section 14 is altered by omitting “Minister” and substituting “Secretary”.

8

Subsections 14(2) and (3)

Omit “Minister”, substitute “Secretary”.

9

Paragraph 17(1)(b)

After “or suspended”, insert “for any one or more courses for any one or more States”.

10

Subsection 26(3) (note 1)

Omit “A breach of this section is also an offence: see section 104.”.

11

Subsection 28(2)

Repeal the subsection, substitute:

1. (2)

   The provider must pay the amount (if any) required by the agreement to the following person:

   1. (a)

      if a person (other than the student) is specified in the agreement to receive any refund under this section—the specified person;

   2. (b)

      otherwise—the student.

12

Subsection 30(1)

Repeal the subsection, substitute:

1. (1)

   The following person is entitled to recover the amount owing under this Division as a debt by action in a court of competent jurisdiction:

   1. (a)

      if the situation is covered by subsection 27(2) and a person (other than the student) is specified in an agreement under section 28—the specified person;

   2. (b)

      otherwise—the student.

13

Paragraphs 76(1)(a) and (b)

Omit “to the student”.

14

Paragraph 77(1)(b)

Repeal the paragraph, substitute:

1. (b)

   failing that—pay:

   1. (i)

      if the situation is covered by subsection 27(2) and a person (other than the student) is specified in an agreement under section 28—the specified person; or

   2. (ii)

      otherwise—the student;

out of the Fund, an amount equal to the amount that the provider must still pay in order to satisfy the refund requirements under Division 2 of Part 3.

15

Subsection 78(1)

Repeal the subsection, substitute:

Cessation of claim

1. (1)

   After the Fund Manager pays an amount under section 77, the student, or person specified in an agreement under section 28, ceases to have any claim against the provider in respect of the student’s course money.

Note: The heading to section 78 is replaced by the heading “Consequences of a payment under section 77”.

16

After subsection 83(1)

Insert:

1. (1A)

   The Minister may take one or more of those actions against a registered provider if the Minister believes on reasonable grounds that because of financial difficulty or any other reason the provider might not be able to:

   1. (a)

      provide courses to its accepted students; or

   2. (b)

      refund course money to its accepted students.

   Note: Section 93 sets out the procedure for taking this action.

17

Paragraph 83(3)(a)

Repeal the paragraph, substitute:

1. (a)

   to impose one or more conditions on the registered provider’s registration either generally or in respect of any one or more specified courses for any one or more specified States (see section 86);

18

Paragraphs 83(3)(b) and (c)

Omit “all courses for any one or more States”, substitute “any one or more specified courses for any one or more specified States”.

19

At the end of section 83

Add:

1. (4)

   The Minister may take action under this section against a registered provider’s registration for a particular course for a State even if the conduct, or the situation, that results in the Minister taking the action does not relate to that particular course.

20

Application of items 17, 18 and 19

The amendments made by items 17, 18 and 19 apply to any action taken after the items commence (irrespective of when the conduct, or the situation, that results in the action occurred).

21

Subdivision B of Division 1 of Part 6 (heading)

Repeal the heading.

22

Section 87

Repeal the section.

23

Saving suspensions under section 87

The repeal of section 87 of the Education Services for Overseas Students Act 2000 by item 22 does not affect the suspension of a registered provider’s registration:

1. (a)

   that was done under that section; and

2. (b)

   that is in force when the item commences.

24

Paragraph 93(1)(a)

Omit “or B”.

25

Subparagraph 93(1)(d)(i)

Omit “of the possible breach”.

26

Subparagraph 93(1)(d)(iii)

Omit “Subdivision B or”.

27

Application of items 24, 25 and 26

The amendments made by items 24, 25 and 26 apply to any decision to take action that is made after the items commence (irrespective of when the conduct, or the situation, that results in the decision to take the action occurred).

28

Section 95

Repeal the section, substitute:

95Effect of suspension

1. (1)

   A provider whose registration is suspended for a course for a State under this Division must not:

   1. (a)

      do any thing for the purpose of recruiting or enrolling overseas students or intending overseas students for the course for the State; or

   2. (b)

      solicit or accept any money from an overseas student or an intending overseas student for the course for the State; or

   3. (c)

      if an accepted student of the provider has not begun the course—permit the student to begin the course for the State.

2. (2)

   The provider is still registered for the course for the State for all other purposes.

29

Paragraph 96(1)(a)

Omit “to any extent”, substitute “for any one or more courses for any one or more States”.

30

Paragraph 176(1)(b)

Omit “, 87”.

[Minister’s second reading speech made in—

House of Representatives on 28 August 2002

Senate on 15 October 2002]

(170/02)