Education Services for Overseas Students (Registration Charges) Amendment (Streamlining Regulation) Act 2015

Administered by Department of Education

Legislation au C2015A00172 In force Act

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Education Services for Overseas Students (Registration Charges) Amendment (Streamlining Regulation) Act 2015

 

No. 172, 2015

 

 

 

 

 

An Act to amend the Education Services for Overseas Students (Registration Charges) Act 1997, and for other purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Entry to market charges

Education Services for Overseas Students (Registration Charges) Act 1997

 

 

 

Education Services for Overseas Students (Registration Charges) Amendment (Streamlining Regulation) Act 2015

No. 172, 2015

 

 

 

An Act to amend the Education Services for Overseas Students (Registration Charges) Act 1997, and for other purposes

[Assented to 11 December 2015]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Education Services for Overseas Students (Registration Charges) Amendment (Streamlining Regulation) Act 2015.

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.

11 December 2015

2.  Schedule 1

At the same time as Schedule 1 to the Education Services for Overseas Students Amendment (Streamlining Regulation) Act 2015 commences.

1 July 2016

Note: This table relates only to the provisions of this Act as originally enacted.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  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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—Entry to market charges

 

Education Services for Overseas Students (Registration Charges) Act 1997

1  Section 6

Repeal the section, substitute:

6  Entry to market charges

 (1) If:

 (a) a provider applies under section 9 of the Education Services for Overseas Students Act 2000 (the ESOS Act) to be registered to provide a course at a location to overseas students; and

 (b) the provider meets the registration requirements (disregarding paragraph 11(g)(i) of the ESOS Act); and

 (c) at the time the provider meets those requirements, the provider is not registered under the ESOS Act to provide any course at any location; and

 (d) the provider is not included in a class of providers that is prescribed by the regulations to be exempt from the requirement to pay the entry to market charges imposed by section 8 of this Act;

the provider is liable to pay 3 entry to market charges in accordance with this section.

First entry to market charge

 (2) The amount of the first entry to market charge is $7,998.

Note: This amount is indexed under section 7.

 (3) The first entry to market charge is payable before the provider is registered (the first registration) to provide the course at the location.

Second entry to market charge

 (4) The amount of the second entry to market charge is $5,332.

Note: This amount is indexed under section 7.

 (5) If the provider is still registered to provide the course at the location on the first anniversary day, the second entry to market charge is payable by the end of that day.

Third entry to market charge

 (6) The amount of the third entry to market charge is $2,666.

Note: This amount is indexed under section 7.

 (7) If the provider is still registered to provide the course at the location on the second anniversary day, the third entry to market charge is payable by the end of that day.

When a provider is taken to be still registered

 (8) If:

 (a) the provider’s first registration is renewed, continued or extended under the ESOS Act for a period; and

 (b) the first anniversary day or second anniversary day falls within that period;

the provider is taken, for the purposes of this section, to be still registered to provide the course at the location on that day.

Exemption

 (9) The regulations may prescribe one or more classes of provider that are exempt from the requirement to pay the entry to market charges imposed by section 8.

Definitions

 (10) In this section:

first anniversary day means the first anniversary of the day on which the period of the provider’s first registration started.

second anniversary day means the second anniversary of the day on which the period of the provider’s first registration started.

2  Subsection 7(2)

Omit “column 1 of the table in subsection 6(2)”, substitute “subsection 6(2), (4) or (6)”.

3  Subsection 7(6)

Repeal the subsection, substitute:

Definition

 (6) In this section:

initial year means:

 (a) in relation to the annual registration charge—the first calendar year in which the dollar amounts specified in subsection 5(2) are imposed under section 8; or

 (b) in relation to an entry to market charge—the year 2015.

4  Transitional—payment of an entry to market charge after commencement

(1) This item applies if:

 (a) before the commencement of this item, a provider is liable under section 6 of the Education Services for Overseas Students (Registration Charges) Act 1997 to pay 3 entry to market charges; and

 (b) immediately before that commencement, the amount of such a charge has not become payable.

(2) The following provisions apply in relation to the provider’s liability to pay the amount of an entry to market charge that becomes payable after the commencement of this item:

 (a) section 6 of that Act, as inserted by this Schedule;

 (b) section 7 of that Act, as amended by this Schedule.

5  Saving of regulations

(1) This item applies to regulations if:

 (a) the regulations were made for the purposes of subsection 6(4) of the Education Services for Overseas Students (Registration Charges) Act 1997; and

 (b) the regulations were in force immediately before the commencement of this item.

(2) After the commencement of this item, the regulations continue in force (and may be dealt with) as if they had been made for the purposes of subsection 6(9) of that Act, as inserted by this Schedule.

 

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 17 September 2015

Senate on 9 November 2015]

 

(166/15)

 

Overview

The Education Services for Overseas Students (Registration Charges) Amendment (Streamlining Regulation) Act 2015 (C2015A00172) was enacted by the Parliament of Australia to amend the Education Services for Overseas Students (Registration Charges) Act 1997. This amendment was introduced to address the need to streamline the regulatory requirements for education providers seeking to offer courses to overseas students, thereby reducing administrative burdens. The Act aims to simplify the process of entry into the market by revising the entry-to-market charges structure, ensuring a more efficient regulatory framework. The primary objective of this legislation is to ease the administrative processes for education providers while maintaining oversight and ensuring compliance with the necessary standards. The changes were designed to be implemented in a phased manner, with specific commencement dates outlined in the Act, allowing for a smooth transition and minimal disruption to the existing educational services.

Scope and Application

The Education Services for Overseas Students (Registration Charges) Amendment (Streamlining Regulation) Act 2015 amends the Education Services for Overseas Students (Registration Charges) Act 1997, introducing changes to streamline the regulation of entry to market charges for providers of education services to overseas students. The Act applies to education providers who apply to be registered under the Education Services for Overseas Students Act 2000 to offer courses at a specific location to overseas students, provided they meet the registration requirements and are not already registered to offer any course at any location. The Act mandates that such providers must pay three entry to market charges, with specific amounts indexed and payable at different intervals. Exemptions from these charges can be prescribed through regulations, allowing certain classes of providers to be exempt. The Act's provisions commenced on 11 December 2015, with specific sections and schedule items commencing on 1 July 2016. The Act applies nationally across Australia, affecting all providers of education services to overseas students who meet the specified criteria. The Act allows for the regulation of charges to be further detailed and modified through subordinate instruments, ensuring flexibility in its application.

Key Provisions

The Education Services for Overseas Students (Registration Charges) Amendment (Streamlining Regulation) Act 2015 amends the Education Services for Overseas Students (Registration Charges) Act 1997 by introducing new provisions related to entry to market charges for education providers. Section 6 of the Act sets out the conditions under which a provider must pay these charges. Specifically, if a provider applies to be registered to provide a course at a location to overseas students, meets the registration requirements, is not already registered to provide any course at any location, and is not exempt under the regulations, they must pay three entry to market charges (subsection 6(1)). The first charge of $7,998 is payable before the provider is registered, the second charge of $5,332 is payable by the end of the first anniversary of the provider's first registration, and the third charge of $2,666 is payable by the end of the second anniversary, provided the provider remains registered (subsections 6(2), (4), and (6)). The Act also clarifies that if a provider's first registration is renewed, continued, or extended, they are considered still registered on the anniversary days falling within that period (subsection 6(8)). The regulations may exempt certain classes of providers from these charges (subsection 6(9)). The Act imposes several obligations on the parties it governs. Providers who meet the specified conditions must ensure they pay the entry to market charges in a timely manner, as stipulated by the Act. Additionally, the Minister for Education and Training is tasked with making regulations under section 6(9) that may prescribe classes of providers exempt from these charges. The Act also mandates that any existing regulations concerning entry to market charges continue in force, as if they were made for the purposes of the new subsection 6(9) (Schedule 1, item 5). These regulations can be amended or repealed according to the provisions of the Schedule, ensuring the streamlined regulatory framework remains effective and up-to-date. Failure to comply with the provisions of this Act can result in civil consequences for the providers. For instance, not paying the entry to market charges when due can lead to financial penalties or other enforcement actions by the relevant authorities. While the Act does not explicitly state maximum penalties for non-compliance, it is likely that breaches could result in fines or other administrative actions as stipulated by the Education Services for Overseas Students Act 2000 and other relevant legislation. The streamlined regulatory framework aims to ensure that all providers adhere to the specified requirements, thereby maintaining the integrity of the registration process for overseas education providers.

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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.