Education Services for Overseas Students (Registration Charges) Amendment Act 2000
No. 167, 2000
Education Services for Overseas Students (Registration Charges) Amendment Act 2000
No. 167, 2000
An Act to amend the Education Services for Overseas Students (Registration Charges) Act 1997, and for related purposes
Contents
1 Short title...................................
2 Commencement...............................
3 Schedule(s)..................................
Schedule 1—Amendments
Education Services for Overseas Students (Registration Charges) Act 1997
Education Services for Overseas Students (Registration Charges) Amendment Act 2000
No. 167, 2000
An Act to amend the Education Services for Overseas Students (Registration Charges) Act 1997, and for related purposes
[Assented to 21 December 2000]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Education Services for Overseas Students (Registration Charges) Amendment Act 2000.
2 Commencement
This Act commences on the day on which it receives the Royal Assent.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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
Education Services for Overseas Students (Registration Charges) Act 1997
1 Subsection 5(2) (table item 1)
Omit “$300”, substitute “$400”.
2 Subsection 5(2) (table item 2)
Omit “$750”, substitute “$1,165”.
3 Subsection 5(2) (table item 3)
Omit “$1,500”, substitute “$2,311”.
4 Subsection 5(2) (table item 4)
Omit “$2,500”, substitute “$3,852”.
5 Subsection 5(2) (table item 5)
Omit “$5,000”, substitute “$8,000”.
6 Subsection 5(2) (note)
Repeal the note, substitute:
Note 1: The amount of the charge is indexed under section 7 for 2002 and later years.
Note 2: The amount of the charge may be different from the amount specified in the table if an instrument under section 5A is in effect.
7 After section 5
Insert:
5A Variation of annual registration charge
(1) The Governor‑General may make a written instrument setting out an amount or amounts of annual registration charge that are different from the amount or amounts that would otherwise be payable for that year.
(2) The instrument must be expressed to apply to the first year beginning after it is made and all later years.
(3) The instrument may set out an amount for one class of provider only, or may set out different amounts for different classes of provider.
(4) The Minister must table a copy of the instrument in each House of the Parliament as soon as practicable.
(5) If each House of the Parliament passes a resolution approving the instrument, then, for each class of provider that the instrument relates to, the amount of annual registration charge payable for the relevant years is the amount set out in the instrument, instead of the amount that would otherwise be payable.
8 Subsection 7(1)
Omit “or annual registration charge”.
9 After subsection 7(1)
Insert:
(1A) This section also applies for the purpose of working out the amount of annual registration charge for any year (also called the current year) after 2001, unless that year is the first year to which a particular section 5A instrument applies.
Note: The reason for the exception is that the possibility of indexation for that year can be taken into account in making the instrument, so there is no need for this section to apply as well.
10 Subsection 7(2)
After “subsection 5(2)”, insert “or an instrument in effect under section 5A”.
11 Application of amendments
The amendments made by this Schedule apply in working out the amount of charge payable for 2001 and all later years.
[Minister’s second reading speech made in—
House of Representatives on 30 August 2000
Senate on 10 November 2000]
Overview
The Education Services for Overseas Students (Registration Charges) Amendment Act 2000, enacted by the Parliament of Australia, serves to amend the Education Services for Overseas Students (Registration Charges) Act 1997. This Act was introduced to address the need for updating the annual registration charges payable by overseas students enrolled in various educational institutions. The policy objective is to ensure that the registration charge reflects the current economic conditions and the costs associated with providing education services to overseas students, while maintaining a flexible framework that allows for adjustments through instruments issued by the Governor-General. The Act specifically adjusts the indexed amounts of the annual registration charges and introduces provisions for the Governor-General to set different charges through written instruments, subject to parliamentary approval.
Scope and Application
The Education Services for Overseas Students (Registration Charges) Amendment Act 2000 amends the Education Services for Overseas Students (Registration Charges) Act 1997 by adjusting the annual registration charges applicable to certain providers of education services to overseas students. This Act applies to educational institutions that provide services to overseas students, specifically those required to register under the 1997 Act. The amendments include new charge amounts effective from 2001, with an additional mechanism allowing the Governor-General to set different charge amounts through a written instrument under section 5A. The instrument must be approved by both Houses of Parliament to take effect. The changes are applicable nationally, affecting all states and territories within Australia, as the Act is a Commonwealth legislation. The Act does not specify exclusions or thresholds but provides for the possibility of varying charges through subordinate instruments, which can specify different rates for different classes of providers. The adjustments and the capacity to vary charges provide flexibility in managing registration fees according to the needs and economic conditions of the time.
Key Provisions
The Education Services for Overseas Students (Registration Charges) Amendment Act 2000 amends the Education Services for Overseas Students (Registration Charges) Act 1997. The Act primarily adjusts the registration charges for overseas students enrolling in Australian education services. Section 1 of the Act specifies the new registration charges, replacing the existing amounts with higher figures. For instance, the charge for a student in a vocational education course changes from $300 to $400 (subsection 5(2) (table item 1)). This adjustment is applied to all relevant categories of education services, ensuring that the fees reflect current economic conditions and operational costs.
The amended Act imposes obligations on educational institutions and providers to comply with the new registration charges as specified. Section 5A introduces a mechanism for the Governor-General to adjust the annual registration charges via a written instrument, which must be tabled in Parliament for approval. If approved, these new charges become effective for the relevant classes of providers starting from the year the instrument is made. The Act requires educational institutions to accurately calculate and collect the registration fees as per the updated rates, ensuring they meet their financial obligations to the government.
Breaches of the Act's provisions, such as failure to comply with the registration charge adjustments or fraudulent collection of fees, may result in civil or criminal consequences. While the specific penalties are not detailed in the Act, they may include fines and other legal actions as prescribed under the relevant state or territory laws. Educational institutions found non-compliant may face legal scrutiny and potential penalties, reinforcing the importance of adhering to the stipulated fees and reporting requirements.