Education Services for Overseas Students Amendment (Registration Charges Consequentials) Act 2011 (Cth)

Education Services for Overseas Students Amendment (Registration Charges Consequentials) Act 2011

No. 106, 2011

Compilation No. 2

Compilation date: 1 July 2012

Includes amendments up to: Act No. 9, 2012

Registered: 12 February 2015

About this compilation

This compilation

This is a compilation of the Education Services for Overseas Students Amendment (Registration Charges Consequentials) Act 2011 that shows the text of the law as amended and in force on 1 July 2012 (the compilation date).

This compilation was prepared on 12 February 2015.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on ComLaw ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on ComLaw for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on ComLaw for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

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

1Short title

This Act may be cited as the Education Services for Overseas Students Amendment (Registration Charges Consequentials) Act 2011.

2Commencement

1. (1)

   Each provision of this Act 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.

Commencement information
Column 1	Column 2	Column 3
Provision(s)	Commencement	Date/Details
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table	The day this Act receives the Royal Assent.	26 September 2011
2. Schedule 1, items 1 to 6	At the same time as Schedule 1 to the Education Services for Overseas Students (Registration Charges) Amendment Act 2011 commences.	31 October 2011
3. Schedule 1, item 7	The day this Act receives the Royal Assent.	26 September 2011
4. Schedule 1, items 8 to 17	At the same time as the provision(s) covered by table item 2.	31 October 2011

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

1. (2)

   Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

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 1Amendments

Education Services for Overseas Students Act 2000

1

Section 5

Insert:

entry to market charge means an entry to market charge imposed under the Education Services for Overseas Students (Registration Charges) Act 1997.

2

Section 5

Insert:

first entry to market charge means the entry to market charge referred to in table item 1 of the table in subsection 6(2) of the Education Services for Overseas Students (Registration Charges) Act 1997.

3

Section 5 (definition of initial registration charge)

Repeal the definition.

4

Section 5

Insert:

second or third entry to market charge means the entry to market charge referred to in table item 2 or 3 (as the case requires) of the table in subsection 6(2) of the Education Services for Overseas Students (Registration Charges) Act 1997.

5

Paragraph 9(2)(aa)

Repeal the paragraph, substitute:

1. (aa)

   the provider has paid the first entry to market charge (unless the provider is exempt from the requirement to do so under regulations made under subsection 6(4) of the Education Services for Overseas Students (Registration Charges) Act 1997); and

6

Paragraph 9(2)(e)

After “annual registration charge”, insert “, a second or third entry to market charge”.

7

Subsections 9(10) and (11)

Repeal the subsections, substitute:

Registering providers for a period

1. (10)

   At the time the Secretary registers an approved provider, the Secretary must determine that the provider is registered for a specified period that is:

   1. (a)

      more than 2 years; but

   2. (b)

      no more than 5 years.

2. (10A)

   To avoid doubt, subsection (10) does not limit the Minister’s power under section 83 to cancel a registered provider’s registration within the first 2 years of the provider’s registration.

3. (10B)

   If:

   1. (a)

      a registered provider’s registration for a course for a State is due to expire; and

   2. (b)

      before that expiry, the designated authority for the State makes a recommendation that the provider continue to be registered to provide the course for the State; and

   3. (c)

      by the time the provider’s registration would otherwise expire, the Secretary has not yet made a decision whether to register the provider;

the provider’s registration for the course for the State is taken to continue until the Secretary makes his or her decision.

1. (11)

   If an approved provider’s registration for a course is due to expire before the course has finished, the provider’s registration does not expire until the provider has provided the remainder of the course to the students who were enrolled in that course before the registration was due to expire.

8

Paragraph 9A(2)(g)

After “annual registration charge”, insert “, a second or third entry to market charge”.

9

After paragraph 10(4)(ca)

Insert:

1. (cb)

   the day on which the provider is registered under section 9;

10

Section 12

Repeal the section, substitute:

12Entry to market charges

1. (1)

   The Secretary must give a written notice to each provider who is liable to pay an entry to market charge stating the amount of the charge.

   Note 1: A provider must pay 3 entry to market charges during the first 2 years that the provider is first registered. A provider cannot get registered under section 9 until it has paid the first entry to market charge: see paragraph 9(2)(aa).

   Note 2: For the amounts of the entry to market charges, see sections 6 and 7 of the Education Services for Overseas Students (Registration Charges) Act 1997.

2. (2)

   The Secretary must give the notice:

   1. (a)

      for the first entry to market charge—before the Secretary registers the provider under section 9; and

   2. (b)

      for the second or third entry to market charge—at least 30 days before the time at which the charge becomes due for payment.

   Note: For when the charges become due for payment, see section 6 of the Education Services for Overseas Students (Registration Charges) Act 1997.

3. (3)

   A provider is still required to pay an entry to market charge despite a failure to comply with this section.

11

After section 23

Insert:

23ASecond and third entry to market charges

A registered provider who is liable to pay a second or third entry to market charge must pay the charge in accordance with section 6 of the Education Services for Overseas Students (Registration Charges) Act 1997.

Note: The registration of a provider who breaches this section is automatically suspended: see section 90 of this Act.

12

After paragraph 90(1)(b)

Insert:

or (c) fails to pay a second or third entry to market charge in accordance with section 23A;

Note: The heading to section 90 is altered by omitting “annual Fund contribution, special levy or annual registration charge” and substituting “contribution, levy or charge”.

13

Paragraph 171(4)(a)

Repeal the paragraph, substitute:

1. (a)

   $500 for the initial year; and

14

At the end of section 171

Add:

Definition of initial year

1. (9)

   In this section, the initial year means the first calendar year in which the reinstatement fee is $500.

15

After paragraph 172(1)(a)

Insert:

1. (b)

   second or third entry to market charge; or

16

After paragraph 173(1)(a)

Insert:

1. (aa)

   the second and third entry to market charges;

17

Application

Item 7 of this Schedule

(1) Subsection 9(10) of the Education Services for Overseas Students Act 2000 (as inserted by item 7 of this Schedule) applies in relation to all registrations that occur after that item commences.

(2) Subsection 9(10B) of the Education Services for Overseas Students Act 2000 (as inserted by item 7 of this Schedule) applies in relation to any registration that is due to expire after that item commences.

Item 13 of this Schedule

(3) The amendment made by item 13 of this Schedule applies in relation to any suspension of, or any condition imposed on, the registration of a provider on or after the first 1 January that occurs after this item commences.

All other amendments

(4) The amendments made by this Schedule (other than the amendments made by items 7 and 13 of this Schedule) apply in relation to any recommendation made by a designated authority under section 9AB of the Education Services for Overseas Students Act 2000 on or after the first 1 January that occurs after this item commences.

Endnotes

Endnote 1About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnotes about misdescribed amendments and other matters are included in a compilation only as necessary.

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the amendment is set out in the endnotes

Endnote 2Abbreviation key

A = Act	orig = original
ad = added or inserted	par = paragraph(s)/subparagraph(s)
am = amended	/sub‑subparagraph(s)
amdt = amendment	pres = present
c = clause(s)	prev = previous
C[x] = Compilation No. x	(prev…) = previously
Ch = Chapter(s)	Pt = Part(s)
def = definition(s)	r = regulation(s)/rule(s)
Dict = Dictionary	Reg = Regulation/Regulations
disallowed = disallowed by Parliament	reloc = relocated
Div = Division(s)	renum = renumbered
exp = expires/expired or ceases/ceased to have	rep = repealed
effect	rs = repealed and substituted
F = Federal Register of Legislative Instruments	s = section(s)/subsection(s)
gaz = gazette	Sch = Schedule(s)
LI = Legislative Instrument	Sdiv = Subdivision(s)
LIA = Legislative Instruments Act 2003	SLI = Select Legislative Instrument
(md) = misdescribed amendment	SR = Statutory Rules
mod = modified/modification	Sub‑Ch = Sub‑Chapter(s)
No. = Number(s)	SubPt = Subpart(s)
o = order(s)	underlining = whole or part not
Ord = Ordinance	commenced or to be commenced

Endnote 3Legislation history

Act	Number and year	Assent	Commencement	Application, saving and transitional provisions
Education Services for Overseas Students Amendment (Registration Charges Consequentials) Act 2011	106, 2011	26 Sept 2011	Sch 1 (items 1–6, 8–17): 31 Oct 2011 (s 2(1) items 2, 4) Remainder: 26 Sept 2011 (s 2(1) items 1, 3)
Education Services for Overseas Students Legislation Amendment (Tuition Protection Service and Other Measures) Act 2012	9, 2012	20 Mar 2012	Sch 2 (item 87): 1 July 2012 (s 2(1) item 8) Sch 2 (items 89–93): never commenced (s 2(1) items 9, 10)	—

Endnote 4Amendment history

Provision affected	How affected
Schedule 1
item 17...............................	am No 9, 2012