Education Services for Overseas Students (Registration Charges) Act 1997

Education Services for Overseas Students (Registration Charges) Act 1997

No. 18, 1997

Compilation No. 12

Compilation date: 1 January 2022

Includes amendments up to: Act No. 84, 2021

Registered: 5 January 2022

About this compilation

This compilation

This is a compilation of the Education Services for Overseas Students (Registration Charges) Act 1997 that shows the text of the law as amended and in force on 1 January 2022 (the compilation date).

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 the Legislation Register (www.legislation.gov.au). 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 the Legislation Register 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.

Editorial changes

For more information about any editorial changes made in this compilation, see 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 the Legislation Register 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

1 Short title

2 Commencement

3 Crown to be bound

3A Definitions

4 Interpretation

5 CRICOS annual registration charge

6 Schools initial registration charge

7 Schools renewal registration charge

8 Act does not impose tax on property of a State

9 Regulations

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

An Act to impose registration charges in relation to the Commonwealth Register of Institutions and Courses for Overseas Students

1  Short title

  This Act may be cited as the Education Services for Overseas Students (Registration Charges) Act 1997.

2  Commencement

  This Act commences on the day on which the Education Services for Overseas Students (Registration of Providers and Financial Regulation) Amendment Act (No. 1) 1997 commences.

3  Crown to be bound

  This Act binds the Crown in each of its capacities.

3A  Definitions

  In this Act:

amount includes a nil amount.

CRICOS annual registration charge has the meaning given by subsection 5(2).

schools initial registration charge has the meaning given by subsection 6(2).

schools renewal registration charge has the meaning given by subsection 7(2).

year means calendar year.

4  Interpretation

  An expression used in this Act that is also used in the Education Services for Overseas Students Act 2000 has the same meaning as in that Act, unless the contrary intention appears.

5  CRICOS annual registration charge

 (1) Charge is imposed on a provider for a year if the provider is a registered provider on 1 January of that year.

 (2) Charge imposed by subsection (1) is to be known as CRICOS annual registration charge.

 (3) CRICOS annual registration charge imposed on a provider for a year is payable by the provider.

Amount of charge

 (4) The amount of CRICOS annual registration charge imposed on a provider for a year is the amount:

 (a) prescribed by the regulations for that year; or

 (b) worked out for that year in accordance with a method prescribed by the regulations.

 (5) Without limiting paragraph (4)(b), the regulations may provide for the amount of CRICOS annual registration charge imposed on a provider for a year to be equal to the sum of such components as are prescribed by, or ascertained in accordance with, the regulations.

 (6) Before the Governor‑General makes regulations for the purposes of subsection (4), the Minister must be satisfied that the effect of those regulations will be to recover no more than the Commonwealth’s likely costs in connection with the Secretary’s performance of functions, and exercise of powers, under the Education Services for Overseas Students Act 2000.

 (7) For the purposes of subsection (6), disregard the following:

 (a) costs in connection with functions or powers covered by subsection 6(6) or 7(6);

 (b) costs that are likely to be offset by reinstatement fees.

 (8) The regulations may provide for indexation of amounts specified in the regulations.

Exemption

 (9) The regulations may prescribe one or more classes of provider that are exempt from CRICOS annual registration charge.

6  Schools initial registration charge

 (1) If:

 (a) a provider makes an application under section 9 of the Education Services for Overseas Students Act 2000 for registration to provide a course or courses at a location or locations; and

 (b) the provider:

 (i) is an approved school provider when the application is made; and

 (ii) meets the registration requirements (disregarding subparagraph 11(g)(i) of the Education Services for Overseas Students Act 2000); and

 (iii)  is not registered under the Education Services for Overseas Students Act 2000 to provide any course at any location;

charge is imposed on the application.

 (2) Charge imposed by subsection (1) is to be known as schools initial registration charge.

 (3) Schools initial registration charge imposed on an application made by a provider is payable by the provider.

Amount of charge

 (4) The amount of schools initial registration charge imposed on an application is the amount:

 (a) prescribed by the regulations; or

 (b) worked out in accordance with a method prescribed by the regulations.

 (5) Without limiting paragraph (4)(b), the regulations may provide for the amount of schools initial registration charge imposed on an application to be equal to the sum of such components as are prescribed by, or ascertained in accordance with, the regulations.

 (6) Before the Governor‑General makes regulations for the purposes of subsection (4), the Minister must be satisfied that the effect of those regulations will be to recover no more than the Commonwealth’s likely costs in connection with the Secretary’s performance of functions, and exercise of powers, under:

 (a) Subdivision A of Division 3 of Part 2 of the Education Services for Overseas Students Act 2000; or

 (b) section 11 of that Act, so far as that section relates to section 10 of that Act; or

 (c) section 11A of that Act, so far as that section relates to an application made under section 9 of that Act; or

 (d) section 11B of that Act, so far as that section relates to an application made under section 9 of that Act; or

 (e) subsection 11C(1) of that Act, so far as that subsection relates to a notice given under section 10A of that Act; or

 (f) subsection 11C(2) of that Act; or

 (g) section 14 of that Act;

so far as those functions and powers relate to the Secretary’s capacity as the ESOS agency for approved school providers.

 (7) The regulations may provide for indexation of amounts specified in the regulations.

Exemption

 (8) The regulations may prescribe one or more classes of provider that are exempt from schools initial registration charge.

7  Schools renewal registration charge

 (1) If:

 (a) a registered provider makes an application under section 10D of the Education Services for Overseas Students Act 2000 for renewal of registration; and

 (b) the registered provider:

 (i) is an approved school provider when the application is made; and

 (ii) meets the registration requirements (disregarding subparagraph 11(h)(ii) of the Education Services for Overseas Students Act 2000);

charge is imposed on the application.

 (2) Charge imposed by subsection (1) is to be known as schools renewal registration charge.

 (3) Schools renewal registration charge imposed on an application made by a registered provider is payable by the registered provider.

Amount of charge

 (4) The amount of schools renewal registration charge imposed on an application is the amount:

 (a) prescribed by the regulations; or

 (b) worked out in accordance with a method prescribed by the regulations.

 (5) Without limiting paragraph (4)(b), the regulations may provide for the amount of schools renewal registration charge imposed on an application to be equal to the sum of such components as are prescribed by, or ascertained in accordance with, the regulations.

 (6) Before the Governor‑General makes regulations for the purposes of subsection (4), the Minister must be satisfied that the effect of those regulations will be to recover no more than the Commonwealth’s likely costs in connection with the Secretary’s performance of functions, and exercise of powers, under:

 (a) Subdivision C of Division 3 of Part 2 of the Education Services for Overseas Students Act 2000; or

 (b) section 10L of that Act; or

 (c) section 11 of that Act, so far as that section relates to section 10E of that Act; or

 (d) section 11A of that Act, so far as that section relates to an application made under section 10D of that Act; or

 (e) section 11B of that Act, so far as that section relates to an application made under section 10D of that Act; or

 (f) subsection 11C(1) of that Act, so far as that subsection relates to a notice given under section 10G of that Act; or

 (g) subsection 11C(3) of that Act, so far as that subsection relates to a matter set out in paragraph (b) or (d) of that subsection;

so far as those functions and powers relate to the Secretary’s capacity as the ESOS agency for approved school providers.

 (7) The regulations may provide for indexation of amounts specified in the regulations.

Exemption

 (8) The regulations may prescribe one or more classes of registered provider that are exempt from schools renewal registration charge.

8  Act does not impose tax on property of a State

 (1) This Act does not impose a tax on property of any kind belonging to a State.

 (2) For the purposes of this section, property of any kind belonging to a State has the same meaning as in section 114 of the Constitution.

9  Regulations

  The Governor‑General may make regulations prescribing matters:

 (a) required or permitted by this Act to be prescribed; or

 (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

Endnotes

Endnote 1—About 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

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.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

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 abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history