Commonwealth Numbered Acts

EDUCATION SERVICES FOR OVERSEAS STUDENTS AMENDMENT ACT 2002 NO. 101, 2002 - SCHEDULE 1

1 Section 5 (definition of registered provider)

2 Paragraph 8(1)(e)

3 Paragraph 8(1)(f)

4 Paragraph 9(2)(d) (note)

5 Paragraph 9(6)(b)

6 Paragraph 11(1)(b)

7 Paragraph 14(1)(a)

Note: The heading to section 14 is altered by omitting " Minister " and substituting " Secretary ".

8 Subsections 14(2) and (3)

9 Paragraph 17(1)(b)

10 Subsection 26(3) (note 1)

11 Subsection 28(2)

(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)

(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)

14 Paragraph 77(1)(b)

(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)

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)

(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)

(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)

19 At the end of section 83

(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

21 Subdivision B of Division 1 of Part 6 (heading)

22 Section 87

23 Saving suspensions under section 87

(a)

that was done under that section; and

(b)

that is in force when the item commences.

24 Paragraph 93(1)(a)

25 Subparagraph 93(1)(d)(i)

26 Subparagraph 93(1)(d)(iii)

27 Application of items 24, 25 and 26

28 Section 95

(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)

30 Paragraph 176(1)(b)