Education Services for Overseas Students Amendment (Refunds of Charges and Other Measures) Act 2021

Administered by Department of Education

Legislation au C2021A00018 In force Act

Legislation content

 

 

 

 

 

 

Education Services for Overseas Students Amendment (Refunds of Charges and Other Measures) Act 2021

 

No. 18, 2021

 

 

 

 

 

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

 

 

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Amendments

Part 1—Refunds of charges

Education Services for Overseas Students Act 2000

Part 2—Other amendments

Education Services for Overseas Students Act 2000

 

 

 

Education Services for Overseas Students Amendment (Refunds of Charges and Other Measures) Act 2021

No. 18, 2021

 

 

 

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

[Assented to 2 March 2021]

The Parliament of Australia enacts:

1  Short title

  This Act is the Education Services for Overseas Students Amendment (Refunds of Charges and Other Measures) Act 2021.

2  Commencement

 (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

Provisions

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.

2 March 2021

2.  Schedule 1, Part 1

1 July 2021.

1 July 2021

3.  Schedule 1, Part 2

The day after this Act receives the Royal Assent.

3 March 2021

Note: This table relates only to the provisions of this Act as originally enacted.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.

 (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.

3  Schedules

  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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

Part 1—Refunds of charges

Education Services for Overseas Students Act 2000

1  After section 176C

Insert:

176D  Refund of charge in special circumstances

  The Secretary may, on behalf of the Commonwealth, refund the whole or part of a charge under the Education Services for Overseas Students (Registration Charges) Act 1997 that is paid to the Commonwealth if the Secretary is satisfied that there are special circumstances that justify doing so.

2  Application provision

Section 176D of the Education Services for Overseas Students Act 2000, as inserted by this Part, applies in relation to charges paid on or after the commencement of this item.

Part 2—Other amendments

Education Services for Overseas Students Act 2000

3  Section 5

Insert:

Australian Qualifications Framework has the same meaning as in the Higher Education Support Act 2003.

4  Section 5 (definition of course)

Repeal the definition, substitute:

course has the meaning given by section 5AA.

5  After section 5

Insert:

5AA  Definition of course

 (1) A course is a course of education or training that satisfies one or more of the following:

 (a) the course leads to a qualification recognised in the Australian Qualifications Framework;

 (b) the course is a course of education at a level that, under section 15 of the Australian Education Act 2013, constitutes primary education or secondary education;

 (c) the course is a Foundation Program;

 (d) the course is an ELICOS;

 (e) the course is offered by a registered higher education provider;

 (f) the course is a VET course within the meaning of the National Vocational Education and Training Regulator Act 2011.

 (2) The Minister may, by legislative instrument, determine that a course of education or training is a course.

Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.

 (3) The Minister may, by legislative instrument, determine that a course of education or training is not a course.

Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.

6  Transitional provisions

(1) If a provider is registered under Division 3 of Part 2 of the Education Services for Overseas Students Act 2000 immediately before the commencement of this item, then the registration continues in force on and after that commencement to the extent that the registration is in respect of a course covered by section 5AA of that Act (as inserted by this Part).

(2) If an application made by a provider under section 9, 10D or 10H of the Education Services for Overseas Students Act 2000 was pending immediately before the commencement of this item, then the relevant ESOS agency for the provider may, on and after that commencement, continue to deal with that application to the extent that the application is in respect of a course covered by section 5AA of that Act (as inserted by this Part).

(3) If a condition imposed under section 10B or 83 of the Education Services for Overseas Students Act 2000 was in force immediately before the commencement of this item, then the condition continues in force on and after that commencement to the extent that the condition is in respect of a course covered by section 5AA of that Act (as inserted by this Part).

(4) If a notice was in force under section 10K of the Education Services for Overseas Students Act 2000 immediately before the commencement of this item, then the notice continues in force on and after that commencement to the extent that the notice is in respect of a course covered by section 5AA of that Act (as inserted by this Part).

(5) If a suspension under section 83 of the Education Services for Overseas Students Act 2000 was in force immediately before the commencement of this item, then the suspension continues in force on and after that commencement to the extent that the suspension is in respect of a course covered by section 5AA of that Act (as inserted by this Part).

 

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 11 November 2020

Senate on 22 February 2021]

 

(143/20)

 

Overview

The Education Services for Overseas Students Amendment (Refunds of Charges and Other Measures) Act 2021 was enacted by the Parliament of Australia to amend the Education Services for Overseas Students Act 2000, primarily to address the issue of refunds of charges in special circumstances. The Act introduces provisions that allow the Secretary to refund the whole or part of a charge paid under the Education Services for Overseas Students (Registration Charges) Act 1997 if special circumstances justify it. This measure aims to provide a mechanism for addressing exceptional situations that may warrant a refund of fees, thereby offering flexibility and fairness in the administration of charges to overseas students. Additionally, the Act makes several other amendments, including updating the definition of 'course' to encompass a broader range of educational offerings and aligning certain terms with other legislative frameworks. The policy objective of this Act is to ensure that the regulatory framework for overseas students' education services is both robust and responsive to the needs of the educational sector and the students it serves. By introducing provisions for refunds in special circumstances and refining the definition of 'course', the Act seeks to enhance the clarity and effectiveness of the existing legislative provisions, thereby supporting the quality and integrity of educational services provided to overseas students in Australia.

Scope and Application

The Education Services for Overseas Students Amendment (Refunds of Charges and Other Measures) Act 2021 amends the Education Services for Overseas Students Act 2000, extending its reach and modifying its provisions in several ways. This Act applies to all overseas students in Australia who are enrolled in courses defined under the amended Act, as well as to the educational institutions that provide such courses, including registered higher education providers and those offering Foundation Programs, ELICOS, and VET courses. The legislation has a national reach, as it is enacted by the Commonwealth of Australia, and it applies to courses that are recognised under the Australian Qualifications Framework or fall under primary or secondary education as defined by the Australian Education Act 2013. The Act also includes provisions for the Secretary to refund charges under special circumstances, a power that comes into effect from 1 July 2021. There are no explicit exclusions mentioned in the Act, though it does provide for the Minister to determine via legislative instruments whether specific courses qualify as "courses" under the Act. The Act came into force on different dates, with certain provisions effective from the date of Royal Assent, 2 March 2021, and others from 1 July 2021. The Act also contains transitional provisions to ensure continuity in the registration, application, and conditional processes for courses covered under the new definition.

Key Provisions

The Education Services for Overseas Students Amendment (Refunds of Charges and Other Measures) Act 2021 amends the Education Services for Overseas Students Act 2000 by introducing new provisions related to refunds of charges and other measures. Under section 176D (Schedule 1, Part 1), the Secretary is empowered to refund, in whole or in part, a charge paid to the Commonwealth under the Education Services for Overseas Students (Registration Charges) Act 1997, if special circumstances justify it. This applies to charges made on or after the commencement of this item, which is 1 July 2021. In defining terms, section 5 of the Act now includes the definition of "Australian Qualifications Framework" from the Higher Education Support Act 2003, and the definition of "course" has been expanded and relocated to section 5AA (Schedule 1, Part 2). The new definition specifies that a course is a course of education or training that meets certain criteria, such as leading to a recognised qualification or being a primary or secondary education course. The Minister can further determine by legislative instrument whether a course of education or training is classified as a "course". The Act imposes specific obligations on the Secretary and the Minister. The Secretary must consider refunding charges if special circumstances exist, while the Minister has the authority to determine, by legislative instrument, whether a particular course of education or training qualifies as a "course". Additionally, the Act mandates that certain transitional provisions apply to existing registrations, applications, conditions, notices, and suspensions to ensure continuity of these arrangements as they relate to the new definition of "course" (Schedule 1, Part 2). For example, if a provider's registration was in force immediately before the commencement of these changes, it continues to be in force to the extent that it pertains to a course covered by the new definition of "course". Failure to comply with the provisions of this Act can result in various consequences. Although specific offences and penalties are not detailed within the provided text, breaches of educational legislation often result in civil or administrative penalties. For the Education Services for Overseas Students Act 2000, non-compliance can lead to penalties such as fines, suspension, or cancellation of a provider's registration. Given the importance of these amendments, it is crucial for parties governed by the Act to adhere strictly to its provisions to avoid any adverse outcomes.

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Area of Law
Education Law
Consumer Law
Instrument
Act
Concepts
Commencement Provisions
Repeal & Amendment
Transitional Provisions
Definitions & Interpretation
Reporting & Disclosure Obligations
Offence Provisions

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.