Education Services for Overseas Students (TPS Levies) Amendment Act 2021
No. 85, 2021
An Act to amend the Education Services for Overseas Students (TPS Levies) Act 2012, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedules
Schedule 1—Amendments
Education Services for Overseas Students (TPS Levies) Act 2012
Education Services for Overseas Students (TPS Levies) Amendment Act 2021
No. 85, 2021
An Act to amend the Education Services for Overseas Students (TPS Levies) Act 2012, and for related purposes
[Assented to 27 August 2021]
The Parliament of Australia enacts:
1 Short title
This Act is the Education Services for Overseas Students (TPS Levies) Amendment Act 2021.
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. The whole of this Act | At the same time as the Education Services for Overseas Students (Registration Charges) Amendment Act 2021 commences. However, the provisions do not commence at all if that Act does not commence. | 1 January 2022 |
Note: This table relates only to the provisions of this Act as originally enacted.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Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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—Amendments
Education Services for Overseas Students (TPS Levies) Act 2012
1 Subsection 4(1) (definition of total enrolments)
Repeal the definition, substitute:
total enrolments for a registered provider for a year has the meaning given by section 4A.
2 After section 4
Insert:
4A Total enrolments
(1) For the purposes of this Act, the total enrolments for a registered provider for a year are worked out by adding together the number of enrolments of overseas students for each course for which the provider is registered in the year.
(2) When working out the enrolments for a course for a year:
(a) for a course of at least 26 weeks duration—each student who is enrolled in, and is undertaking, the course at any time during the year counts as one enrolment; and
(b) for a course of 13 or more weeks, but less than 26 weeks, duration—each student who is enrolled in, and is undertaking, the course at any time during the year counts as 0.5 of an enrolment; and
(c) for a course of less than 13 weeks duration—each student who is enrolled in, and is undertaking, the course at any time during the year counts as 0.25 of an enrolment.
Working out what constitutes a course
(3) For the purposes of this section, a course that spans 2 or more years is taken to be a separate course in each of those years.
(4) 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.
3 Section 6 (note 1)
Omit “section 4”, substitute “section 4A”.
4 Section 7 (note 1)
Omit “section 4”, substitute “section 4A”.
[Minister’s second reading speech made in—
House of Representatives on 24 June 2021
Senate on 10 August 2021]
Overview
The Education Services for Overseas Students (TPS Levies) Amendment Act 2021 (C2021A00085) was enacted to amend the Education Services for Overseas Students (TPS Levies) Act 2012. The Act was passed by the Parliament of Australia and received assent on 27 August 2021. The primary objective of this legislation is to revise the calculation of total enrolments for overseas students, thereby impacting the Temporary Skill Shortage (TSS) levies payable by education providers. This amendment ensures that the enrolment figures more accurately reflect the actual number of students enrolled in courses, taking into account the duration of the courses and their locations. The Act came into effect on 1 January 2022, contingent on the commencement of the Education Services for Overseas Students (Registration Charges) Amendment Act 2021.
Scope and Application
The Education Services for Overseas Students (TPS Levies) Amendment Act 2021 amends the Education Services for Overseas Students (TPS Levies) Act 2012, with a focus on modifying the definition and calculation of total enrolments for registered providers of education services to overseas students. This Act applies to registered providers who offer education services to overseas students in Australia. These providers, which include vocational and higher education institutions, must comply with the legislative changes concerning the calculation of total enrolments, which are essential for determining the Temporary Provider Sponsorship (TPS) levies applicable to them. The Act's amendments do not specify any exclusions or exemptions but are subject to the broader regulatory framework under which these providers operate. The Act's provisions will commence on 1 January 2022, contingent on the commencement of the Education Services for Overseas Students (Registration Charges) Amendment Act 2021. The geographic reach of this Act is national, as it pertains to education services provided across Australia. The Act does not extend or restrict its application through subordinate instruments, and the changes made are intended to provide clarity and consistency in the calculation of enrolments for levy purposes.
Key Provisions
The Education Services for Overseas Students (TPS Levies) Amendment Act 2021 primarily amends the Education Services for Overseas Students (TPS Levies) Act 2012. The most significant change introduced by this Act is the redefinition of "total enrolments" for registered providers. Under section 4A of the amended Act, total enrolments for a provider are calculated by adding the number of enrolments for each course the provider is registered to offer. The calculation differs depending on the course duration, with full-year enrolments counting as one enrolment, courses between 13 and 26 weeks counting as 0.5 of an enrolment, and courses less than 13 weeks counting as 0.25 of an enrolment. This redefinition replaces the previous definition in section 4 and affects how the enrolments are counted for levy purposes.
The Act imposes several obligations on registered providers. Registered providers must now accurately calculate their total enrolments as per the new definition in section 4A. They must ensure that all enrolments are correctly categorised based on the duration of the courses and that these figures are reported accurately for levy calculation purposes. The obligation to provide precise enrolment data is a key requirement under this Act. Additionally, registered providers must comply with the new methodology for determining total enrolments, ensuring that their reporting aligns with the provisions outlined in the Act.
Breaches of the obligations imposed by this Act may lead to civil or administrative penalties. While the specific penalties are not detailed in the Act, penalties for non-compliance with similar provisions in the original Act include fines and potential legal action. The maximum penalties could vary depending on the severity and intent of the breach, and may include financial penalties or other administrative sanctions. It is important for registered providers to adhere to the new requirements to avoid any adverse consequences.