EXPLANATORY STATEMENT
Proclamation
Issued by the Authority of the Minister for Tertiary Education, Skills, Jobs and Workplace Relations
Education Services for Overseas Students (Registration Charges) Amendment Act 2011
Item 2 of the table under subsection 2(1) of the Education Services for Overseas Students (Registration Charges) Amendment Act 2011 (the Act) provides that Schedule 1 to the Act shall commence on a day to be fixed by Proclamation or if any of the provision(s) do not commence within the period of six (6) months beginning on the day the Act receives the Royal Assent, they commence on the day after the end of that period.
The purpose of the proposed Proclamation is to fix 31 October 2011 as the day on which Schedule 1 to the Act commences.
The Act implements recommendations arising from the review of the Education Services for Overseas Students legislative framework, dated February 2010, titled Stronger, simpler, smarter ESOS: supporting international students conducted by the Hon Bruce Baird AM. Among the Act’s key amendments, including adoption of a risk assessment and management approach to the registration and ongoing monitoring of education providers delivering courses to international students. The Act also introduces an entry to market charge payable for the first three years of registration which will replace the current initial registration charge. The entry to market charge is designed to recoup the additional costs associated with new applications for registration and the additional supervision required by institutions with a shorter history of registration.
Sections 1 to 3 of the Act, providing for the short title, the commencement provisions and amendment information relating to the Schedules of the Act, commenced on Royal Assent which was 26 September 2011.
The Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.