Commonwealth Consolidated Acts

EDUCATION SERVICES FOR OVERSEAS STUDENTS ACT 2000

TABLE OF PROVISIONS

           Long Title

   PART 1--INTRODUCTION

   1.      Short title [see Note 1]  
   2.      Commencement [see Note 1]  
   3.      Crown to be bound  
   4.      Criminal Code applies  
   4A.     Objects  
   4B.     Extension of this Act to Christmas Island and Cocos (Keeling) Islands  
   5.      Definitions  
   6.      Meaning of associate  
   7.      Meaning of course money  

   PART 2--REGISTRATION OF APPROVED PROVIDERS

   8.      Offence: providing or promoting a course without a registered provider  
   9.      Registering approved providers  
   10.     The Register  
   11.     Approved providers must notify the Secretary and designated authority of previous breaches etc.  
   12.     Initial registration charge  
   13.     Fund Manager may require information  
   14.     Notifying States if the Secretary suspects non-compliance with this Act or the national code  

   PART 3--OBLIGATIONS ON REGISTERED PROVIDERS

           Division 1--General obligations

   15.     Registered providers must not engage in misleading or deceptive conduct  
   16.     Only Australian residents and Table C providers may be registered  
   17.     Registered providers must notify the Secretary of breaches etc. by associates and high managerial agents  
   18.     Payments to providers  
   19.     Giving information about accepted students  
   20.     Sending students notice of visa breaches  
   21.     Record keeping  
   22.     Registered providers must belong to a tuition assurance scheme  
   23.     Annual registration charge  
   24.     Annual Fund contributions  
   25.     Special levies for the Fund  
   26.     Disclosure obligations of registered providers  

           Division 2--Refunds of course money

   27.     When this Division applies  
   28.     Refund under a written agreement about student default  
   29.     Refund in other cases  
   30.     Recovering the amount  
   31.     Providers' liabilities may be satisfied by alternative arrangements  
   32.     Registered provider must tell the Secretary and the Fund Manager of non-compliance  

   PART 4--THE NATIONAL CODE

   33.     The national code  
   34.     Purpose of the national code  
   36.     Minister must consult States and industry representatives  
   38.     Contents of the national code  
   40.     Legal effects of the national code  
   41.     Notification of the national code  
   43.     States to investigate breaches of the national code  
   44.     Regulations may prescribe penalties  

   PART 5--THE ESOS ASSURANCE FUND

           Division 1--Basics of the Fund

   45.     Establishment of the Fund  
   46.     Purpose of the Fund  
   47.     What money goes into the Fund  
   48.     What money comes out of the Fund  

           Division 2--The Fund Manager

   49.     Appointment of the Fund Manager  
   50.     Functions and powers of the Fund Manager  
   51.     Terms and conditions of the appointment of the Fund Manager  
   52.     Acting Fund Manager  
   53.     Indemnity  

           Division 3--The Contributions Review Panel

   54.     Establishment of the Panel  
   55.     Functions and powers of the Panel  
   56.     Terms and conditions of Panel members  
   57.     Procedures of the Panel  

           Division 4--Annual Fund contributions and special levies

              Subdivision A--Annual Fund contributions

   58.     Fund Manager to set contributions  
   59.     How the contributions criteria are determined  
   60.     Content of the contributions criteria  
   61.     Changing the contributions criteria  
   62.     Dissemination of contributions criteria  
   63.     Notice of amount of annual Fund contribution  
   64.     Notifying the Secretary of initial contributions  
   65.     Increasing annual Fund contributions  

              Subdivision B--Rights of review

   66.     Applying to the Fund Manager for a review of the contribution amount  
   67.     Review by the Fund Manager  
   68.     Applying for review by the Panel  
   69.     Review by the Panel  
   70.     Fees for review  
   71.     Refund of overpaid contributions  

              Subdivision C--Special levies

   72.     Special levies  
   73.     Amount of the levy  
   74.     Fund Manager must give written notice  

              Subdivision D--Reminder notices for late payers

   75.     Reminder notices  

           Division 5--Calls on the Fund

   76.     When a call is made on the Fund  
   77.     What the Fund Manager must do when a call is made  
   77A.    Fund Manager may ask provider of new course about academic credit or recognition of prior learning  
   78.     Consequences of a payment under section 77  

           Division 6--Miscellaneous

   79.     Investments  
   80.     Financial accountability  
   81.     No income tax  
   82.     Future cessation of the Fund  

   PART 6--ENFORCEMENT

           Division 1--Conditions, suspension and cancellation

              Subdivision A--Sanctions for non-compliance etc

   83.     Minister may impose sanctions for non-compliance etc.  
   84.     Minister may take further action  
   85.     Minister may take action for breaches occurring before provider was registered  
   86.     Examples of conditions  
   88.     Cancellation if suspended providers cease to provide courses  

              Subdivision C--Automatic suspension and cancellation

   89.     Automatic suspension for loss of approval  
   89A.    Automatic suspension if not fit and proper  
   90.     Automatic suspension for non-payment of annual Fund contribution, special levy or annual registration charge  
   91.     Automatic cancellation of registration for provider who ceases to be approved for a course for a State  
   92.     Automatic cancellation for bankruptcy  

              Subdivision D--Common rules for conditions, suspension and cancellation

   93.     Procedure for taking action etc.  
   94.     Minister may authorise removal of condition or suspension  
   95.     Effect of suspension  
   96.     Updating the Register  

           Division 2--Immigration Minister's suspension certificate

   97.     Immigration Minister may give a registered provider a suspension certificate  
   98.     Procedure for issuing certificate  
   99.     Content of certificate  
   100.    Duration of certificate  
   101.    Effect of certificate: offence  
   102.    Further certificates  
   103.    Updating the Register  

           Division 3--Offences

   104.    Notification requirements  
   105.    Record-keeping  
   106.    Infringement notices  
   107.    Failing to identify registered provider in written material  
   108.    Providing false or misleading information  
   109.    Access to electronic notification system  
   110.    Bogus providers  

   PART 7--MONITORING AND SEARCHING PROVIDERS

           Division 1--Introduction

   111.    Powers conferred on magistrates in their personal capacity  
   112.    Immunity of magistrates  

           Division 2--Notices requiring information and documents

              Subdivision A--Production notices

   113.    Production notices  
   114.    Contents of the production notice  
   115.    Serving production notices  

              Subdivision B--Attendance notices

   116.    Attendance notices  
   117.    Contents of the attendance notice  

              Subdivision C--Common rules for production and attendance notices

   118.    Scales of expenses  
   119.    Reasonable compensation for giving copies  
   120.    Offence: failing to comply with a notice  
   121.    Offence: giving false or misleading information  
   122.    Offence: giving false or misleading document  
   123.    Information and documents that incriminate a person  
   124.    Copies of documents  
   125.    Employee may retain documents  
   126.    Owner of document must be given copy  
   127.    Retaining documents  
   128.    Employee may apply to magistrate or tribunal member for a further period  
   129.    Magistrate or tribunal member may order retention for further period  

           Division 3--Monitoring warrants

              Subdivision A--Monitoring powers

   130.    Authorised employee may enter premises for a monitoring purpose  
   131.    Monitoring powers of authorised employees  
   132.    Authorised employee on premises with consent may ask questions  
   133.    Authorised employee on premises under warrant may ask questions  
   134.    Offence: failure to answer question  
   135.    Offence: giving false or misleading information  
   136.    Offence: giving or showing documents that are false or misleading in material particulars  

              Subdivision B--Applying for monitoring warrants

   137.    Authorised employee may apply for a monitoring warrant  
   138.    Magistrate or tribunal member may issue a monitoring warrant  
   139.    Magistrate or tribunal member may require more information  
   140.    Contents of monitoring warrant  

           Division 4--Search warrants

              Subdivision A--Search powers

   141.    Authorised employee may enter premises to look for evidential material  
   142.    Search powers of authorised employees  

              Subdivision B--Applying for search warrants

   143.    Authorised employee may apply for a search warrant  
   144.    Magistrate or tribunal member may issue a search warrant  
   145.    Magistrate or tribunal member may require more information  
   146.    Contents of a search warrant  

           Division 5--Common rules for monitoring warrants and search warrants

              Subdivision A--Common powers etc

   147.    Use of reasonable force and assistance  
   148.    Use of electronic equipment in exercising search or monitoring powers  
   149.    Securing electronic equipment for use by experts  
   150.    Extension of period  
   151.    Powers without warrant in emergency situations  
   152.    Retaining seized things  
   153.    Authorised employee may apply for a thing to be retained for a further period  
   154.    Magistrate or tribunal member may order that the thing be retained  
   155.    Occupier to provide authorised employee with all facilities and assistance  

              Subdivision B--Obligations on authorised employees etc

   156.    Being on premises with consent  
   157.    Consent  
   158.    Announcement before entry  
   159.    Copy of warrant to be given to the occupier before entry  
   160.    Compensation for damage to electronic equipment or data  
   161.    Occupier entitled to be present during execution of the monitoring warrant  
   162.    Identity cards  
   163.    Authorised employee must produce identity card on request  

              Subdivision C--Issue of warrants by telephone etc

   164.    Employee may apply for warrants by telephone etc.  
   165.    Magistrate or tribunal member may grant warrant by telephone etc.  
   166.    Procedure for issuing warrant by telephone etc.  
   167.    Procedure after telephone warrant ceases or is executed  
   168.    Form of warrant authorises exercise of power  
   169.    Court to assume that exercise of power not authorised by telephone etc. warrant  

   PART 8--MISCELLANEOUS

   170.    Delegation  
   171.    Reinstatement fee  
   172.    Late payment penalty  
   173.    Debts due to the Commonwealth  
   174.    Amounts payable by unincorporated bodies  
   175.    Giving information to relevant bodies  
   176.    Review of decisions  
   176A.   Review of this Act  
   177.    Regulations