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This is a Bill, not an Act. For current law, see the Acts databases.
2002
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Education
Services for Overseas Students Amendment Bill
2002
No. ,
2002
(Education, Science and
Training)
A Bill for an Act to amend the
Education Services for Overseas Students Act 2000, and for related
purposes
Contents
A Bill for an Act to amend the Education Services for
Overseas Students Act 2000, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Education Services for Overseas Students
Amendment Act 2002.
This Act commences on the day after it receives the Royal
Assent.
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repealed as set out in the applicable items in the Schedule concerned, and any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.
1 Section 5 (definition of registered
provider)
Omit “registered as a provider”, substitute “entered on
the Register as a provider”.
2 Paragraph 8(1)(e)
Omit “the course for that State”, substitute “that
particular course for that particular State”.
3 Paragraph 8(1)(f)
Omit “for the course for that State”, substitute “for
that particular course for that particular State”.
4 Paragraph 9(2)(d) (note)
Omit “Minister”, substitute “Secretary”.
5 Paragraph 9(6)(b)
After “or suspended”, insert “for any one or more courses
for any one or more States”.
6 Paragraph 11(1)(b)
After “or suspended”, insert “for any one or more courses
for any one or more States”.
7 Paragraph 14(1)(a)
Omit “Minister”, substitute “Secretary”.
Note: The heading to section 14 is altered by omitting
“Minister” and substituting
“Secretary”.
8 Subsections 14(2) and (3)
Omit “Minister”, substitute “Secretary”.
9 Paragraph 17(1)(b)
After “or suspended”, insert “for any one or more courses
for any one or more States”.
10 Subsection 26(3) (note
1)
Omit “A breach of this section is also an offence: see
section 104.”.
11 Subsection 28(2)
Repeal the subsection, substitute:
(2) The provider must pay the amount (if any) required by the agreement to
the following person:
(a) if a person (other than the student) is specified in the agreement to
receive any refund under this section—the specified person;
(b) otherwise—the student.
12 Subsection 30(1)
Repeal the subsection, substitute:
(1) The following person is entitled to recover the amount owing under
this Division as a debt by action in a court of competent
jurisdiction:
(a) if the situation is covered by subsection 27(2) and a person (other
than the student) is specified in an agreement under section 28—the
specified person;
(b) otherwise—the student.
13 Paragraphs 76(1)(a) and
(b)
Omit “to the student”.
14 Paragraph 77(1)(b)
Repeal the paragraph, substitute:
(b) failing that—pay:
(i) if the situation is covered by subsection 27(2) and a person (other
than the student) is specified in an agreement under section 28—the
specified person; or
(ii) otherwise—the student;
out of the Fund, an amount equal to the amount that the provider must
still pay in order to satisfy the refund requirements under Division 2 of
Part 3.
15 Subsection 78(1)
Repeal the subsection, substitute:
Cessation of claim
(1) After the Fund Manager pays an amount under section 77, the
student, or person specified in an agreement under section 28, ceases to
have any claim against the provider in respect of the student’s course
money.
Note: The heading to section 78 is replaced by the
heading “Consequences of a payment under
section 77”.
16 After subsection 83(1)
Insert:
(1A) The Minister may take one or more of those actions against a
registered provider if the Minister believes on reasonable grounds that because
of financial difficulty or any other reason the provider might not be able
to:
(a) provide courses to its accepted students; or
(b) refund course money to its accepted students.
Note: Section 93 sets out the procedure for taking this
action.
17 Paragraph 83(3)(a)
Repeal the paragraph, substitute:
(a) to impose one or more conditions on the registered provider’s
registration either generally or in respect of any one or more specified courses
for any one or more specified States (see section 86);
18 Paragraphs 83(3)(b) and
(c)
Omit “all courses for any one or more States”, substitute
“any one or more specified courses for any one or more specified
States”.
19 At the end of
section 83
Add:
(4) The Minister may take action under this section against a registered
provider’s registration for a particular course for a State even if the
conduct, or the situation, that results in the Minister taking the action does
not relate to that particular course.
20 Application of items 17, 18 and
19
The amendments made by items 17, 18 and 19 apply to any action taken
after the items commence (irrespective of when the conduct, or the situation,
that results in the action occurred).
21 Subdivision B of Division 1 of
Part 6 (heading)
Repeal the heading.
22 Section 87
Repeal the section.
23 Saving suspensions under
section 87
The repeal of section 87 of the Education Services for Overseas
Students Act 2000 by item 22 does not affect the suspension of a
registered provider’s registration:
(a) that was done under that section; and
(b) that is in force when the item commences.
24 Paragraph 93(1)(a)
Omit “or B”.
25 Subparagraph 93(1)(d)(i)
Omit “of the possible breach”.
26 Subparagraph
93(1)(d)(iii)
Omit “Subdivision B or”.
27 Application of items 24, 25 and
26
The amendments made by items 24, 25 and 26 apply to any decision to
take action that is made after the items commence (irrespective of when the
conduct, or the situation, that results in the decision to take the action
occurred).
28 Section 95
Repeal the section, substitute:
(1) A provider whose registration is suspended for a course for a State
under this Division must not:
(a) do any thing for the purpose of recruiting or enrolling overseas
students or intending overseas students for the course for the State;
or
(b) solicit or accept any money from an overseas student or an intending
overseas student for the course for the State; or
(c) if an accepted student of the provider has not begun the
course—permit the student to begin the course for the State.
(2) The provider is still registered for the course for the State for all
other purposes.
29 Paragraph 96(1)(a)
Omit “to any extent”, substitute “for any one or more
courses for any one or more States”.
30 Paragraph 176(1)(b)
Omit “, 87”.