Education Services for Overseas Students (Registration of Providers and Financial Regulation) Regulations (Amendment) (Cth)

Statutory Rules 1994

No. 146 1

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Education Services for Overseas Students (Registration of Providers and Financial Regulation) Regulations 2(Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Education Services for Overseas Students (Registration of Providers andFinancial Regulation) Act 1991.

Dated 1 June 1994.

 BILL HAYDEN

 Governor-General

By His Excellency’s Command,

SIMON CREAN

Minister for Employment, Education and Training

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1.   Amendment

1.1   The Education Services for Overseas Students (Registration of Providers and Financial Regulation) Regulations are amended as set out in these Regulations.

[NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

2.   Regulation 4 (Withdrawals and payments out of notified trust accounts—tuition fees)

2.1   Omit the regulation, substitute:

Withdrawals and payments out of notified trust accounts— tuition fees

“4.

(1) Before the grant to a student of a visa or entry permit under the Migration Act 1958 that permits the student to travel to, or remain in, Australia to undertake a course, the provider of the course may withdraw or pay course money for tuition fees out of a notified trust account before the start of the course if:

• (a)

  the student has agreed in writing to the withdrawal or payment out of the account; and

• (b)

  the amount withdrawn or paid out of the account does not exceed $500 or 20% of the amount standing to the credit of the student in the account, whichever is the lesser.

“(2)

After the grant to a student of a visa or entry permit under the Migration Act 1958 that permits the student to travel to, or remain in, Australia to undertake a course, the provider of the course may withdraw or pay course money for tuition fees out of a notified trust account:

• (a)

  before the start of the course—if the amount withdrawn or paid out of the account does not exceed 20% of the amount standing to the credit of the student in the account before any withdrawal or payment out of the account under subregulation (1); and

• (b)

  on or after the day on which the course starts—if the amount withdrawn or paid out of the account does not exceed 45% of the amount standing to the credit of the student in the account before any withdrawal or payment out of the account under subregulation (1) or paragraph (a).

“(3)

The provider may withdraw or pay the remaining course money for tuition fees out of the notified trust account if:

• (a)

  the amount withdrawn or paid out of the account does not exceed the amount of tuition fees for a part of the course that has already been provided to the student; and

• (b)

  the provider does not act under this subregulation more than once in a week.”.

3.   Regulation 5 (Withdrawals and payments out of notified trust accounts—other fees and charges)

3.1   Before subregulation (1), insert:

“No withdrawal or payment before grant of visa or entry permit

(1A)

A provider must not withdraw or pay course money to which this regulation applies out of a notified trust account before the student by, or on behalf of, whom the money was paid into the account is granted a visa or entry permit under the Migration Act 1958 that permits the student to travel to, or remain in, Australia to undertake the course.”.

3.2   Subregulation 5 (3):

Omit “on or after the day on which the payment is due.”, substitute “not more than 28 days before the day on which the payment is due.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 1 June 1994.

2. Statutory Rules 1991 No. 364 as amended by 1992 No. 168; 1994 No. 101.