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This is a Bill, not an Act. For current law, see the Acts databases.

EDUCATION SERVICES FOR OVERSEAS STUDENTS AMENDMENT (REGISTRATION CHARGES CONSEQUENTIALS) BILL 2011

2010-2011
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Education Services for Overseas
Students Amendment (Registration
Charges Consequentials) Bill 2011
No. , 2011
(Education, Employment and Workplace Relations)
A Bill for an Act to amend the Education Services
for Overseas Students Act 2000, and for related
purposes
i Education Services for Overseas Students Amendment (Registration Charges
Consequentials) Bill 2011 No. , 2011
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Amendments
3
Education Services for Overseas Students Act 2000
3
Education Services for Overseas Students Amendment (Registration Charges Consequentials) Bill
2011 No. , 2011 1
A Bill for an Act to amend the Education Services
1
for Overseas Students Act 2000, and for related
2
purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Education Services for Overseas
6
Students Amendment (Registration Charges Consequentials) Act
7
2011.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
column 2 of the table. Any other statement in column 2 has effect
12
according to its terms.
13
2 Education Services for Overseas Students Amendment (Registration Charges
Consequentials) Bill 2011 No. , 2011
1
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.
2. Schedule 1,
items 1 to 6
At the same time as Schedule 1 to the
Education Services for Overseas Students
(Registration Charges) Amendment Act 2011
commences.
3. Schedule 1,
item 7
The day this Act receives the Royal Assent.
4. Schedule 1,
items 8 to 17
At the same time as the provision(s) covered
by table item 2.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedule(s)
8
Each Act that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
13
Amendments Schedule 1
Education Services for Overseas Students Amendment (Registration Charges Consequentials) Bill
2011 No. , 2011 3
Schedule 1--Amendments
1
2
Education Services for Overseas Students Act 2000
3
1 Section 5
4
Insert:
5
entry to market charge means an entry to market charge imposed
6
under the Education Services for Overseas Students (Registration
7
Charges) Act 1997.
8
2 Section 5
9
Insert:
10
first entry to market charge means the entry to market charge
11
referred to in table item 1 of the table in subsection 6(2) of the
12
Education Services for Overseas Students (Registration Charges)
13
Act 1997.
14
3 Section 5 (definition of initial registration charge)
15
Repeal the definition.
16
4 Section 5
17
Insert:
18
second or third entry to market charge means the entry to market
19
charge referred to in table item 2 or 3 (as the case requires) of the
20
table in subsection 6(2) of the Education Services for Overseas
21
Students (Registration Charges) Act 1997.
22
5 Paragraph 9(2)(aa)
23
Repeal the paragraph, substitute:
24
(aa) the provider has paid the first entry to market charge (unless
25
the provider is exempt from the requirement to do so under
26
regulations made under subsection 6(4) of the Education
27
Services for Overseas Students (Registration Charges) Act
28
1997); and
29
6 Paragraph 9(2)(e)
30
Schedule 1 Amendments
4 Education Services for Overseas Students Amendment (Registration Charges
Consequentials) Bill 2011 No. , 2011
After "annual registration charge", insert ", a second or third entry to
1
market charge".
2
7 Subsections 9(10) and (11)
3
Repeal the subsections, substitute:
4
Registering providers for a period
5
(10) At the time the Secretary registers an approved provider, the
6
Secretary must determine that the provider is registered for a
7
specified period that is:
8
(a) more than 2 years; but
9
(b) no more than 5 years.
10
(10A) To avoid doubt, subsection (10) does not limit the Minister's
11
power under section 83 to cancel a registered provider's
12
registration within the first 2 years of the provider's registration.
13
(10B)
If:
14
(a) a registered provider's registration for a course for a State is
15
due to expire; and
16
(b) before that expiry, the designated authority for the State
17
makes a recommendation that the provider continue to be
18
registered to provide the course for the State; and
19
(c) by the time the provider's registration would otherwise
20
expire, the Secretary has not yet made a decision whether to
21
register the provider;
22
the provider's registration for the course for the State is taken to
23
continue until the Secretary makes his or her decision.
24
(11) If an approved provider's registration for a course is due to expire
25
before the course has finished, the provider's registration does not
26
expire until the provider has provided the remainder of the course
27
to the students who were enrolled in that course before the
28
registration was due to expire.
29
8 Paragraph 9A(2)(g)
30
After "annual registration charge", insert ", a second or third entry to
31
market charge".
32
9 After paragraph 10(4)(ca)
33
Amendments Schedule 1
Education Services for Overseas Students Amendment (Registration Charges Consequentials) Bill
2011 No. , 2011 5
Insert:
1
(cb) the day on which the provider is registered under section 9;
2
10 Section 12
3
Repeal the section, substitute:
4
12 Entry to market charges
5
(1) The Secretary must give a written notice to each provider who is
6
liable to pay an entry to market charge stating the amount of the
7
charge.
8
Note 1:
A provider must pay 3 entry to market charges during the first 2 years
9
that the provider is first registered. A provider cannot get registered
10
under section 9 until it has paid the first entry to market charge: see
11
paragraph 9(2)(aa).
12
Note 2:
For the amounts of the entry to market charges, see sections 6 and 7 of
13
the Education Services for Overseas Students (Registration Charges)
14
Act 1997.
15
(2) The Secretary must give the notice:
16
(a) for the first entry to market charge--before the Secretary
17
registers the provider under section 9; and
18
(b) for the second or third entry to market charge--at least 30
19
days before the time at which the charge becomes due for
20
payment.
21
Note:
For when the charges become due for payment, see section 6 of the
22
Education Services for Overseas Students (Registration Charges) Act
23
1997.
24
(3) A provider is still required to pay an entry to market charge despite
25
a failure to comply with this section.
26
11 After section 23
27
Insert:
28
23A Second and third entry to market charges
29
A registered provider who is liable to pay a second or third entry to
30
market charge must pay the charge in accordance with section 6 of
31
the Education Services for Overseas Students (Registration
32
Charges) Act 1997.
33
Schedule 1 Amendments
6 Education Services for Overseas Students Amendment (Registration Charges
Consequentials) Bill 2011 No. , 2011
Note:
The registration of a provider who breaches this section is
1
automatically suspended: see section 90 of this Act.
2
12 After paragraph 90(1)(b)
3
Insert:
4
or (c) fails to pay a second or third entry to market charge in
5
accordance with section 23A;
6
Note:
The heading to section 90 is altered by omitting "annual Fund contribution, special
7
levy or annual registration charge" and substituting "contribution, levy or charge".
8
13 Paragraph 171(4)(a)
9
Repeal the paragraph, substitute:
10
(a) $500 for the initial year; and
11
14 At the end of section 171
12
Add:
13
Definition of initial year
14
(9) In this section, the initial year means the first calendar year in
15
which the reinstatement fee is $500.
16
15 After paragraph 172(1)(a)
17
Insert:
18
(b) second or third entry to market charge; or
19
16 After paragraph 173(1)(a)
20
Insert:
21
(aa) the second and third entry to market charges;
22
17 Application
23
Item 7 of this Schedule
24
(1)
Subsection 9(10) of the Education Services for Overseas Students Act
25
2000 (as inserted by item 7 of this Schedule) applies in relation to all
26
registrations that occur after that item commences.
27
(2)
Subsection 9(10B) of the Education Services for Overseas Students Act
28
2000 (as inserted by item 7 of this Schedule) applies in relation to any
29
registration that is due to expire after that item commences.
30
Amendments Schedule 1
Education Services for Overseas Students Amendment (Registration Charges Consequentials) Bill
2011 No. , 2011 7
Item 13 of this Schedule
1
(3)
The amendment made by item 13 of this Schedule applies in relation to
2
any suspension of, or any condition imposed on, the registration of a
3
provider on or after the first 1 January that occurs after this item
4
commences.
5
All other amendments
6
(4)
The amendments made by this Schedule (other than the amendments
7
made by items 7 and 13 of this Schedule) apply in relation to any
8
recommendation made by a designated authority for a State under
9
section 9 of the Education Services for Overseas Students Act 2000 on
10
or after the first 1 January that occurs after this item commences.
11

 

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