Education Services for Overseas Students (ASQA Registration Renewal Application Period) Determination 2019

Administered by Department of Education

Legislation au F2019L00993 In force Legislative Instrument

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EXPLANATORY STATEMENT

 

Education Services for Overseas Students (ASQA Registration Renewal Application Period) Determination 2019

 

Issued by the authority of the Australian Skills Quality Authority (ASQA)

 

 

Subject:  Education Services for Overseas Students (ASQA Registration Renewal Application Period) Determination 2019

 

Authority

 

Section 10D(3) of the Education Services for Overseas Students Act 2000 (ESOS Act) allows an ESOS agency for a registered provider to determine, by legislative instrument, the period within which applications to renew registration under section 10D of the ESOS Act must be made.

 

Section 6C of the ESOS Act prescribes that the National VET Regulator is the ESOS agency for a provider or registered provider to the extent that a provider or registered provider is a registered VET provider. Section 6 of the Education Services for Overseas Students (ESOS Agency-ELICOS and Foundation Programs) Determination 2016 prescribes that the National VET Regulator is also the ESOS agency for specified providers that provide English Language Intensive Courses for Overseas Students (ELICOS).

 

Section 5 of the ESOS Act defines the National VET Regulator as having the same meaning as in the National Vocational Education and Training Regulator Act 2011 (the NVR Act). ASQA is established as the national VET regulator under Part 7 of the NVR Act and Part 4 of the National Vocational Education and Training Regulator Regulations 2011 (NVR Regs).

 

Section 157(1) of the NVR Act prescribes the functions of ASQA, including:

(q) such other functions as are conferred on the Regulator by or under:

 (ii)  the Education Services for Overseas Students Act 2000 or any other law                             of the Commonwealth

 

ASQA applies fees payable for lodgement and assessment of application for registration, including renewal of registration, under the ESOS Act in accordance with the Australian Skills Quality Authority Instrument Fixing Fees No. 1 of 2013.

 

Purpose

 

The purpose of the instrument is to set out the period within which applications under Section 10D of the ESOS Act must be made.

 

Under section 10D of the ESOS Act, a registered provider may apply to ASQA to renew the provider’s registration to provide a course or courses at a location or locations to overseas students. Where ASQA is the ESOS agency for the registered provider, the application must be made to ASQA within the period determined in this legislative instrument pursuant to subsection 10D(3) and in the form approved, in writing, by ASQA pursuant to subsection 11A (2)(a). The renewal application will be subject to lodgement and assessment fees that must be paid.

 

Consultation

 

On 15 February 2019, ASQA wrote to peak sector organisations to advise that ASQA was accepting submissions on the Education Services for Overseas Students (ASQA Registration Renewal application Period) Determination 2019. ASQA also published details on how to make a submission to ASQA on the ASQA website, with a statement that ASQA would accept submissions on the draft Determination until 1 March 2019.

 

ASQA received two submissions during the consultation period, both of which endorsed the draft Determination. ASQA has had regard to providers’ feedback and procedural fairness for all providers.  

 

 

Explanation of provisions

 

Section 1- Name

Section 1 provides the name of the instrument.

 

Section 2 - Commencement

Section 2 sets out the commencement date of the Instrument, which is the day after registration.

 

Section 3 - Authority

Section 3 sets out the legal authority to make the Instrument.

 

Section 4 - Definitions

Section 4 provides definition for terms used in the Instrument.

 

Section 5- Periods within which renewal of registration must be made

Section 5 details the period within which a registered provider must make a renewal of registration application.

 

 

 


Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Education Services for Overseas Students (ASQA Registration Renewal Application Period) Determination 2019

 

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

The purpose of the instrument is to set out the period within which applications must be made for the purposes of Section 10D of the Education Services for Overseas Students Act 2000. These applications are applications for renewal of registration of providers on the Commonwealth Register of Institutions and Courses for Overseas Students.

 

Human rights implications

The Instrument engages the right to education, contained in Article 13 of the International Covenant on Economic, Social, and Cultural Rights. In particular, this instrument has an effect on the provision of education services by higher education providers.

 

To the extent that the right to education is engaged, this right is promoted by the Legislative Instrument as it ensures seamless continuity of education through periods of renewal.

 

Conclusion

This Instrument is compatible with human rights because it advances the protection of human rights.

 

 

_______________________  

Mark Paterson AO

Chief Commissioner

Australian Skills Quality Authority

 

 

 

Overview

The Education Services for Overseas Students (ASQA Registration Renewal Application Period) Determination 2019, enacted by the Australian Skills Quality Authority (ASQA) under the authority of Section 10D(3) of the Education Services for Overseas Students Act 2000, aims to address the need for a defined period within which registered providers must apply for the renewal of their registration to offer courses to overseas students. This legislative instrument was introduced to provide clarity and procedural fairness in the renewal process, ensuring that all registered providers are aware of the timeframes involved in maintaining their registration status. The policy objective is to maintain the quality and continuity of education services provided to overseas students by ensuring that providers meet the necessary regulatory requirements in a timely manner. The determination was made following consultation with relevant stakeholders, and it has been assessed for compatibility with human rights, specifically noting its alignment with the right to education as outlined in international instruments.

Scope and Application

The Education Services for Overseas Students (ASQA Registration Renewal Application Period) Determination 2019 applies to registered providers who are entities or persons that provide education services to overseas students in Australia. Specifically, it applies to the registered providers that must renew their registration with the Australian Skills Quality Authority (ASQA) to continue offering courses to overseas students. The determination sets out the period within which these providers must submit their applications for renewal, as required under Section 10D of the Education Services for Overseas Students Act 2000 (ESOS Act). The Act operates at the Commonwealth level, and the determination provides the specific timeframes for the application process. The determination also notes that the application process is subject to prescribed fees, which are set out in the Australian Skills Quality Authority Instrument Fixing Fees No. 1 of 2013. There are no stated exclusions or exemptions within the determination itself, though the overarching ESOS Act and associated regulations may contain provisions that apply to certain types of providers or courses. The determination does not extend or restrict application through subordinate instruments, but it operates within the framework established by the ESOS Act and related legislation.

Key Provisions

The Education Services for Overseas Students (ASQA Registration Renewal Application Period) Determination 2019 (the Determination) outlines the specific timeframe within which registered providers must submit their applications for the renewal of their registration to the Australian Skills Quality Authority (ASQA). Section 5 of the Determination specifies that registered providers must lodge their renewal application to ASQA within the period set out in this instrument, which in this case is from the date of the instrument's registration up until 31 March of the year in which the registration is due to expire (Section 5(1)). Providers must ensure that they submit their application in the form approved by ASQA in writing under section 11A(2)(a) of the Education Services for Overseas Students Act 2000 (ESOS Act) (Section 5(2)). The Determination also confirms that the application will be subject to prescribed fees for lodgement and assessment, which must be paid in accordance with the Australian Skills Quality Authority Instrument Fixing Fees No. 1 of 2013 (Section 5(3)). The Determination imposes specific obligations on registered providers to submit their renewal applications within the stipulated period. Providers are required to complete and submit their applications in the form approved by ASQA, ensuring that all necessary information and documentation are included to facilitate the assessment process. Failure to submit a timely and complete application may result in the provider losing their registration status, which could potentially disrupt the continuity of education services provided to overseas students. Furthermore, providers must be aware of and comply with the fees associated with the lodgement and assessment of their application, as outlined in the Australian Skills Quality Authority Instrument Fixing Fees No. 1 of 2013. Breach of the provisions outlined in the Determination could lead to serious consequences for the registered providers. If a provider fails to submit their renewal application within the specified period, ASQA may refuse to renew their registration, effectively removing them from the Commonwealth Register of Institutions and Courses for Overseas Students. This could result in the provider being unable to offer courses to overseas students, significantly impacting their ability to operate and potentially leading to financial and reputational harm. Additionally, the provider could face legal action if their failure to renew registration results in the provision of unauthorised education services, which could lead to civil or criminal penalties. The exact penalties for such breaches would depend on the specific circumstances and the applicable laws, but they could include fines and imprisonment.

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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.