Commonwealth Consolidated Regulations

EDUCATION SERVICES FOR OVERSEAS STUDENTS REGULATIONS 2001

- made under the Education Services for Overseas Students Act 2000 and the Education Services for Overseas Students (Consequential and Transitional) Act 2000

TABLE OF PROVISIONS

   PART 1--INTRODUCTION

   1.01.   Name of Regulations [see Note 1]  
   1.02.   Commencement  
   1.03.   Definitions  
   2.01.   Information to be entered on the Register  

   PART 3--OBLIGATIONS ON REGISTERED PROVIDERS

           Division 3.1--Information and records

   3.01.   Prescribed details about accepted students  
   3.02.   Prescribed information about accepted students who do not begin courses when expected  
   3.03.   Other prescribed matters relating to accepted students  
   3.03A.  Breach by an accepted student of a student visa condition  
   3.04.   Details of which a registered provider must keep records  

           Division 3.2--Tuition assurance scheme

   3.05.   Establishment of a tuition assurance scheme  
   3.06.   Application for approval of a tuition assurance scheme  
   3.07.   Deciding an application for approval of a tuition assurance scheme  
   3.08.   Arrangements under paragraph 3.07 (2) (a)  
   3.09.   Reporting requirements -- operator of a tuition assurance scheme  
   3.10.   Revocation of approval of a tuition assurance scheme  
   3.11.   Exemption from requirement to be a member of a tuition assurance scheme and to comply with rules of the scheme  
   3.12.   Application for approval of a bank guarantee  
   3.13.   Deciding an application for approval of a bank guarantee  
   3.14.   Application for approval of an indemnity agreement  
   3.15.   Deciding an application for approval of an indemnity agreement  
   3.16.   Reporting requirements -- providers exempt from membership of a tuition assurance scheme  

           Division 3.3--Annual Fund contributions

   3.17.   Providers who are not exempt from paying annual Fund contributions  
   3.18.   Providers who are exempt from paying annual Fund contributions  

           Division 3.4--Refunds of course money

   3.19.   Amounts to be subtracted from course money  

   PART 4--PENALTIES FOR THE NATIONAL CODE

   4.01.   Offences for breaching certain provisions of the national code  

   PART 5--THE ESOS ASSURANCE FUND

   5.01.   Procedures of the Contributions Review Panel  
   5.02.   Application for review by the Panel  
   5.03.   Fees for review by Fund Manager or Panel  
   5.04.   Reduction of amount paid out of the fund under paragraph 77 (1) (b) of the Act  

   PART 6--ENFORCEMENT --INFRINGEMENT NOTICES

   6.01.   Purpose of Part 6  
   6.02.   Infringement notices  
   6.03.   Service of infringement notices  
   6.04.   Extension of time to pay  
   6.05.   Payment by instalments  
   6.06.   If infringement notice disputed  
   6.07.   Payment of penalty if infringement notice not withdrawn  
   6.08.   Effect of payment of infringement notice penalty  
   6.09.   Admissions under paragraph 6.02 (2) (h)  
   6.10.   Matter not to be taken into account in determining sentence  
   6.11.   Evidence for hearing  
   6.12.   Payment of penalty by cheque  
   6.13.   Infringement notice not compulsory, etc  

   PART 8--MISCELLANEOUS

   8.01.   Review by Administrative Appeals Tribunal  

   PART 9--TRANSITIONAL

   9.01.   Registration of new providers before first annual Fund contribution paid  
   9.02.   Tuition assurance schemes approved under old Regulations  
           SCHEDULE 1 Text of national code provisions for Part 4