Australian Capital Territory Numbered Acts

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EDUCATION SERVICES FOR OVERSEAS STUDENTS - SECT 3

3. In this Act, unless the contrary intention appears—“approved” means approved under this Act; “banking day” means a day on which banks are open for business; “Commonwealth Act” means the Education Services for Overseas Students (Registration of Providers and Financial Regulation) Act 1991 of the Commonwealth; “course” means a course of education or training; “course money” means money received by the provider, directly or indirectly, from an overseas student, or an intending overseas student, in relation to a course that the provider is providing, or offering to provide, to the student (other than an enrolment fee that is not more than $250), and includes—

        (a)     tuition fees;

        (b)     any amount that the provider is to pay on behalf of the student to Medibank Private or another prescribed hospital benefits organisation; and

        (c)     any other amount that the student has to pay to the provider in order to undertake the course;

“determined fee” means the fee determined by the Minister under section 41 for the purposes of the provision in which the expression occurs;
“inspector” means a public servant for the time being performing the functions of an inspector by virtue of section 35;
“intending overseas student” means a person who intends to become an overseas student;
“overseas student” means a person who holds a student visa;
“principal executive officer”, in relation to a provider that is not a natural person, means the person who has executive responsibility for the operation of the provider;
“private provider” means a provider approved under paragraph 8 (1) (a) or (b);
“provider” means an institution or other body or person that provides or proposes to provide courses to overseas students in the Territory;
“register” means the register kept under subsection 4 (1);
“registrable particulars” means particulars prescribed by section 37;
“student visa” means a student visa issued under regulations made under the Migration Act 1958 of the Commonwealth;
“trust account” means an account maintained by a private provider for the purpose of depositing money in accordance with subsection 16 (1);
“trust money”, in relation to a private provider, means money that the provider is required by subsection 16 (1) to pay into a trust account (whether or not the provider actually pays the money into a trust account), other than money that the provider has become entitled to withdraw from a trust account.

Register

4. (1) The Chief Executive shall keep for the purposes of this Act a register to be known as the ACT Register of Institutions Providing Education and Training for Overseas Students.

(2) The Chief Executive shall ensure that the register is available for public inspection at all reasonable times.

Offences

5. (1) A person shall not—

        (a)     provide a course to an overseas student;

        (b)     make an offer to an intending overseas student to provide a course to that student;

        (c)     invite an intending overseas student to undertake, or to apply to undertake a course; or

        (d)     hold himself, herself or itself out as able or willing to provide a course to overseas students;

unless approved as a provider in respect of the course.

Penalty: $5,000 or imprisonment for 6 months, or both.

(2) It is a defence to a prosecution for an offence against paragraph (1) (d), in relation to a course, if the defendant proves that—

        (a)     the conduct that would, apart from this subsection, constitute the offence was only for either or both of the following purposes:

              (i)     carrying out a survey or other investigation to assess the demand for the course;

              (ii)     negotiating with another provider in connection with designing or developing the course;

        (b)     the defendant took reasonable steps to ensure that—

              (i)     any overseas student who was, or might become, interested in undertaking the course; and

              (ii)     any person who might assist in providing the course;

was aware that the defendant was not an approved provider in respect of the course; and

        (c)     the defendant did not invite payment of, or receive, any amount of money in respect of the course from an overseas student or intending overseas student.

Non-government schools, government schools and public tertiary institutions


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