Education Services for Overseas Students (Registration Charges) Amendment (Tuition Protection Service) Act 2012
No. 10, 2012
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 (Tuition Protection Service) Act 2012
No. 10, 2012
An Act to amend the Education Services for Overseas Students (Registration Charges) Act 1997, and for related purposes
[Assented to 20 March 2012]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Education Services for Overseas Students (Registration Charges) Amendment (Tuition Protection Service) Act 2012.
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 |
Provision(s) | 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. | 20 March 2012 |
2. Schedule 1 | The later of: (a) immediately after the commencement of Part 1 of Schedule 2 to the Education Services for Overseas Students Legislation Amendment (Tuition Protection Service and Other Measures) Act 2012; and (b) immediately after the commencement of Schedule 1 to the Education Services for Overseas Students (Registration Charges) Amendment Act 2011. However, the provision(s) do not commence at all unless both of the events mentioned in paragraphs (a) and (b) occur. | 1 July 2012
(paragraph (a) applies) |
Note: This table relates only to the provisions of this Act as originally enacted.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 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Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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(6)
Repeal the subsection, substitute:
(6) For the purposes of this section, a course is taken to be a separate course at each location at which the provider is registered to provide the course.
2 Subsection 6(1)
Repeal the subsection, substitute:
Application of section
(1) This section applies if:
(a) a designated authority recommends under section 9AA of the Education Services for Overseas Students Act 2000 (the ESOS Act) that a provider be registered under that Act to provide a course at a location to overseas students; and
(b) the provider meets the requirements in subsection 9AB(1) of that Act, other than the requirement in paragraph 9AB(1)(c); and
(c) at the time the provider meets those requirements, the provider is not registered to provide any course at any locations.
3 Subsection 6(2) (table)
Omit “for the State under section 9” (wherever occurring), substitute “at the location under section 9AB”.
4 Subsection 6(3)
Omit “for the State”, substitute “at the location”.
[Minister’s second reading speech made in—
House of Representatives on 22 September 2011
Senate on 3 November 2011]
Overview
The Education Services for Overseas Students (Registration Charges) Amendment (Tuition Protection Service) Act 2012 was enacted to amend the Education Services for Overseas Students (Registration Charges) Act 1997. This legislation was introduced by the Parliament of Australia to address issues and gaps in the regulatory framework concerning tuition fees and the protection of overseas students. The policy objective of this Act is to establish a Tuition Protection Service that would ensure the refund of tuition fees in certain circumstances, thereby providing additional financial protection to overseas students. The Act came into effect on 20 March 2012, with specific provisions commencing on 1 July 2012, contingent upon the enactment of related legislation.
Scope and Application
The Education Services for Overseas Students (Registration Charges) Amendment (Tuition Protection Service) Act 2012 amends the Education Services for Overseas Students (Registration Charges) Act 1997 to introduce provisions related to the Tuition Protection Service (TPS). This Act applies to providers of education services to overseas students, specifically those who are recommended for registration by a designated authority under the Education Services for Overseas Students Act 2000 and meet certain criteria but are not registered to provide any courses at any locations. The geographic and jurisdictional reach of the Act is national, as it pertains to education providers throughout Australia. The Act is effective from 1 July 2012, contingent on the occurrence of specific commencement events outlined in the Schedule. The amendments primarily adjust the interpretation and application of certain sections of the 1997 Act to align with the introduction of the TPS, ensuring that the registration charge provisions are correctly applied to providers newly entering the market under the TPS framework. The Act does not explicitly state exclusions, exemptions, or thresholds but rather refines the conditions under which the registration charges apply. The Act may be further extended or restricted through subordinate instruments or regulations that might be enacted to provide additional detail or operational guidance for the implementation of the TPS.
Key Provisions
The Education Services for Overseas Students (Registration Charges) Amendment (Tuition Protection Service) Act 2012 amends the Education Services for Overseas Students (Registration Charges) Act 1997. The Act introduces key changes such as redefining what constitutes a separate course at each location where a provider is registered (subsection 5(6)), and modifying the application criteria for section 6 (subsection 6(1)), which now applies if a designated authority recommends the provider for registration under the Education Services for Overseas Students Act 2000, and the provider meets certain requirements. Additionally, it alters references from "for the State" to "at the location" in subsection 6(2) and 6(3). These changes ensure that registration and course definitions are more accurately aligned with the provider's registration status and location-specific requirements.
The Act imposes several obligations on educational providers and designated authorities. Providers must ensure they meet the criteria specified in subsection 9AB(1) of the Education Services for Overseas Students Act 2000, particularly in relation to the requirements set out for registration. Designated authorities, on the other hand, must recommend providers under section 9AA of the ESOS Act if the provider meets the necessary conditions. Both parties must comply with the updated definitions and application criteria as outlined in the Act. This ensures a streamlined and transparent registration process that is closely tied to the specific locations where courses are offered.
Breach of the provisions outlined in the Act may result in various consequences. While specific penalties are not detailed in the Act itself, breaches of the Education Services for Overseas Students Act 2000 and related regulations could result in substantial fines and other penalties. For instance, non-compliance with registration requirements or misrepresentation of course offerings could lead to penalties under the ESOS Act, which include fines of up to $55,100 for individuals and $275,500 for corporations. Such consequences underscore the importance of adhering to the legislative requirements to avoid legal repercussions.