Education Services for Overseas Students (Requirements for Notice to Immigration Secretary) Instrument 2022 (Cth)

Education Services for Overseas Students (Requirements for Notice to Immigration Secretary) Instrument 2022

I, Jason Clare, Minister for Education, make the following instrument.

Dated                           29/09/2022     

Jason Clare

Minister for Education

Contents

1  Name........................................................................................................................................ 1

2  Commencement........................................................................................................................ 1

3  Authority.................................................................................................................................. 1

4  Definitions................................................................................................................................ 1

5  Schedule................................................................................................................................... 2

6  Requirements of a notice.......................................................................................................... 2

Schedule 1—Repeals  3

Education Services for Overseas Students (TPS Director to notify Immigration Secretary of payment of refunds) Determination 2012 (No. 1)   3

1  Name

This instrument is the Education Services for Overseas Students (Requirements for Notice to Immigration Secretary) 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.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1.  The whole of this instrument	The day after this instrument is registered.

Note:          This table relates only to the provisions of this instrument as originally made.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 50D(3) 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;

(b)    overseas student; and

(c)    provider.

  In this instrument:

Act means the Education Services for Overseas Students Act 2000.

confirmation of enrolment has the same meaning as in regulation 1.03 of the Migration Regulations 1994.

Note:          Regulation 1.03 of the Migration Regulations1994 provides that confirmation of enrolment, in relation to a student and a registered provider, means a confirmation by the registered provider that the student is enrolled in a registered course provided by the registered provider, as required by section 19 of the Act.

PRISMS means the Provider Registration and International Student Management System established under subsection 109(1) of the Act.

5  Schedule

The instrument specified in the Schedule to this instrument is repealed as set out in the applicable items in the Schedule.

6  Requirements of a notice

For the purposes of subsection 50D(3) of the Act, the requirements of a notice are:

(a)  that the notice include the following information:

(i)  the confirmation of enrolment;

(ii)  the amount of the refund; and

(iii)  the date the refund was paid; and

(b)  that the information contained in the notice be given using PRISMS.

Schedule 1—Repeals

Education Services for Overseas Students (TPS Director to notify Immigration Secretary of payment of refunds) Determination 2012 (No. 1)

1  The whole of the instrument

Repeal the instrument.