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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
EDUCATION (OVERSEAS
STUDENTS) BILL 1996
Queensland
EDUCATION (OVERSEAS STUDENTS)
BILL 1996
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Object and guiding principles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
5 Achievement of object . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
6 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
PART 2--REGISTRATION
Division 1--Applications
7 Registration, and amendment, renewal and transfer of registration . . . . . . 8
8 Statutory conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
9 Registration certificates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Division 2--Suspension or cancellation of registration
10 Grounds for suspension or cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
11 Procedure for suspension or cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Division 3--Immediate suspension
12 Immediate suspension pending formal suspension or cancellation
procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
13 Immediate suspension after charging with offence . . . . . . . . . . . . . . . . . . . . 13
Division 4--Form of suspensions
14 Suspensions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
15 Suspension of registration as a provider . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
16 Suspension of registration of a course . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
2
Education (Overseas Students)
Division 5--Major offences
17 Acting without or contrary to registration . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
PART 3--APPEALS
18 Definition for pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
19 Appeals to court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
20 Starting appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
21 Time for making appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
22 Stay of operation of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
23 Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
24 Effect of decision of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
25 Appeal to District Court on question of law only . . . . . . . . . . . . . . . . . . . . . 18
PART 4--MISCELLANEOUS
Division 1--Matters supporting registration
26 Register to be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
27 Return of cancelled registration certificate . . . . . . . . . . . . . . . . . . . . . . . . . . 19
28 Surrender of registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
29 Changing a registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Division 2--Monitoring compliance with Act
30 General power to seek information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
31 Release of information and making of recommendations . . . . . . . . . . . . . . 20
Division 3--Amounts in trust accounts
32 Amounts in trust accounts unavailable for debts . . . . . . . . . . . . . . . . . . . . . . 20
Division 4--Delegations
33 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Division 5--Regulations
34 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
PART 5--TRANSITIONAL
35 Transitional registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
PART 6--AMENDMENT OF EDUCATION (GENERAL
PROVISIONS) ACT 1989
36 Act amended in pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
37 Repeal of s 76 (Restriction on overseas persons receiving instruction) . . . 23
3
Education (Overseas Students)
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 24
DICTIONARY
1996
A BILL
FOR
An Act to provide for the registration of persons providing courses to
overseas students and for registration of the courses, and for
related purposes
s1 6 s4
Education (Overseas Students)
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
title 3
Short
1. This Act may be cited as the Education (Overseas Students) Act 1996. 4
5
Commencement
2. This Act commences on a day to be fixed by proclamation. 6
7
Dictionary
3. The dictionary 1 in the schedule defines particular words used in this 8
Act. 9
and guiding principles 10
Object
4.(1) This Act's object is to seek to ensure that education and training for 11
overseas students is provided in an orderly and appropriate way. 12
(2) Principles intended to guide the achievement of this Act's object 13
include the following-- 14
(a) courses delivered to overseas students should have appropriate 15
Queensland accreditation and should have stated and 16
demonstrable educational outcomes for the students; 17
(b) providers of courses should have staffing and resources of 18
adequate quality and quantity to achieve the stated outcomes for 19
the overseas students who take the courses; 20
(c) courses delivered to overseas students should be suitable, having 21
1 In some Acts, definitions are contained in a dictionary that appears as the last
schedule and forms part of the Act--see Acts Interpretation Act 1954,
section 14(4).
s5 7 s5
Education (Overseas Students)
regard to the qualifications, abilities and aspirations of the 1
overseas students; 2
(d) management policies and practices of course providers should be 3
designed, and should operate, to protect-- 4
(i) the educational interests of overseas students; and 5
(ii) the reputation of other providers of courses to overseas 6
students, including persons in other States who provide 7
overseas students with educational services; and 8
(iii) the financial interests of overseas students (including 9
intending overseas students); and 10
(iv) the access of overseas students to timely and appropriate 11
dispute resolution processes, having regard especially to 12
their status as persons only temporarily in Australia; 13
(e) information given to prospective overseas students about courses 14
and about the conditions attaching to enrolment in the courses-- 15
(i) should be appropriate to allow the prospective overseas 16
students to make informed decisions about enrolling in the 17
courses; and 18
(ii) should be given at appropriate stages of the application and 19
enrolment process. 20
of object 21
Achievement
5.(1) This Act includes provisions for the following-- 22
(a) registration of persons who provide courses for overseas 23
students; 24
(b) registration of the courses; 25
(c) attaching conditions to registration; 26
(d) administration of the registration regime. 27
(2) Under part 2, the chief executive decides applications for registration 28
and the conditions of the registration. 29
(3) In deciding about registration, the chief executive must apply the 30
registration criteria. 31
s6 8 s7
Education (Overseas Students)
(4) The registration criteria are prescribed under a regulation. 1
(5) In general terms, this Act's object is to be achieved through the 2
application of registration criteria that-- 3
(a) promote this Act's object; and 4
(b) are consistent with the principles intended to guide the 5
achievement of this Act's object. 6
binds all persons 7
Act
6. This Act binds all persons, including the State and, so far as the 8
legislative power of the Parliament permits, the Commonwealth and the 9
other States. 10
ART 2--REGISTRATION 11
P
Division 1--Applications 12
and amendment, renewal and transfer of registration 13
Registration,
7.(1) A person may apply-- 14
(a) for registration as a provider; or 15
(b) if the person is or is to become a registered provider--for 16
registration of a course; or 17
(c) to change a registration mentioned in paragraph (a) or (b); or 18
(d) to renew a registration mentioned in paragraph (a) or (b); or 19
(e) to transfer the registration of a course from a registered provider 20
to another registered provider. 21
(2) The application must be-- 22
(a) made in the way the chief executive approves; and 23
(b) accompanied by the fee prescribed under a regulation. 24
s8 9 s9
Education (Overseas Students)
(3) Without limiting subsection (1), if a person makes an application, the 1
person must give the chief executive all the cooperation, information and 2
help reasonably necessary for the chief executive to investigate whether, and 3
to be satisfied that, approval of the application is consistent with the 4
registration criteria. 5
(4) The chief executive must apply the registration criteria for deciding-- 6
(a) whether to approve the application; and 7
(b) if the application is approved--the conditions to apply to the 8
registration (including a changed, renewed or transferred 9
registration). 10
conditions 11
Statutory
8.(1) It is a condition of a registered provider's registration that the 12
registered provider complies with all reasonable requests by the chief 13
executive to give the chief executive information or records (or a copy of the 14
records) the registered provider is keeping, or has control of, that are 15
relevant to deciding the ongoing financial viability of the registered provider. 16
(2) It is a condition of a course's registration that the holder of the 17
registration complies with all reasonable requests by the chief executive to 18
give the chief executive information or records (or a copy of the records) the 19
holder is keeping, or has control of, that are appropriate for deciding the 20
suitability of the content or conduct of the registered course. 21
certificates 22
Registration
9.(1) This section applies if the chief executive approves an application 23
for registration, or for the change, renewal or transfer of a registration. 24
(2) The chief executive must, for approval of-- 25
(a) a registration--give the applicant a registration certificate; or 26
(b) a change or renewal of a registration--give the applicant a new 27
registration certificate; or 28
(c) a transfer of a registration--give the transferee a new registration 29
certificate. 30
(3) A registration certificate may be in the form the chief executive 31
s 10 10 s 10
Education (Overseas Students)
considers appropriate. 1
(4) However, a registration certificate must include-- 2
(a) for registration of a person as a provider, the following-- 3
(i) the registered provider's name; 4
(ii) the registered provider's central or head office or campus; 5
(iii) the day the application was approved; 6
(iv) the conditions (including the statutory conditions) of the 7
registration as a provider, including the period of the 8
registration; and 9
(b) for registration of a course, the following-- 10
(i) the name of the registered course; 11
(ii) the registered provider for the registered course; 12
(iii) the day the application was approved; 13
(iv) the conditions (including the statutory conditions) of the 14
registration of the course, including-- 15
(A) if practicable, the places where the registered course 16
may be delivered; and 17
(B) the period of the registration. 18
Division 2--Suspension or cancellation of registration 19
for suspension or cancellation 20
Grounds
10. Each of the following is a ground for the suspension or cancellation 21
of a registration-- 22
(a) the registration was obtained because of incorrect or misleading 23
information; 24
(b) the holder of the registration contravenes a condition of the 25
registration; 26
(c) the holder of the registration is found guilty of an offence against 27
this Act; 28
s 11 11 s 11
Education (Overseas Students)
(d) the holder of the registration does not pay fees or other amounts 1
payable to the chief executive under this Act. 2
for suspension or cancellation 3
Procedure
11.(1) If the chief executive believes a ground exists to suspend or cancel 4
a registration (the "proposed action"), the chief executive may give the 5
holder of the registration written notice-- 6
(a) stating the proposed action; and 7
(b) stating the ground for the proposed action; and 8
(c) outlining the facts and circumstances forming the basis for the 9
chief executive's belief; and 10
(d) if the proposed action is suspension of the registration-- 11
(i) stating the proposed suspension period; and 12
(ii) explaining the effect of suspension under this part; and 13
(e) inviting the holder to show, within a stated reasonable time of at 14
least 28 days, why the proposed action should not be taken. 15
(2) If, after considering all representations made within the stated time, 16
the chief executive still considers a ground to take the proposed action 17
exists, the chief executive may-- 18
(a) if the proposed action was to suspend the registration for a stated 19
period--suspend the registration for no longer than the proposed 20
suspension period; or 21
(b) if the proposed action was to cancel the registration--either cancel 22
the registration or suspend it for a period. 23
(3) The chief executive must inform the holder of the decision by written 24
notice. 25
(4) The notice must be given within 10 days after the chief executive 26
makes the decision. 27
(5) If the chief executive decides to suspend or cancel the registration, the 28
notice must state-- 29
(a) the reasons for the decision; and 30
s 12 12 s 12
Education (Overseas Students)
(b) that the holder may appeal against the decision to a Magistrates 1
Court within 28 days. 2
(6) The decision takes effect on the later of-- 3
(a) the day when the notice is given to the holder; and 4
(b) the day of effect stated in the notice. 5
(7) However, if the ground for the suspension or cancellation of the 6
registration is that the holder of the registration has been found guilty of an 7
offence against this Act-- 8
(a) the suspension or cancellation does not take effect until-- 9
(i) all periods for available appeal against the finding have 10
ended; and 11
(ii) all appeals about the finding are finally decided; and 12
(b) the suspension or cancellation has no effect if the finding is 13
quashed on appeal. 14
3--Immediate suspension 15
Division
suspension pending formal suspension or cancellation 16
Immediate
procedure 17
12.(1) This section applies if-- 18
(a) the chief executive intends to take action (the "proposed action") 19
to cancel a registration, or suspend a registration other than under 20
this section, on the ground that-- 21
(i) the registration was obtained because of incorrect or 22
misleading information; or 23
(ii) the holder of the registration has contravened a condition of 24
the registration; and 25
(b) the chief executive believes it is necessary to immediately 26
suspend the registration to protect the interests of overseas 27
students, intending overseas students or persons who might 28
become overseas students, until the formal suspension or 29
cancellation procedure is completed. 30
s 13 13 s 13
Education (Overseas Students)
(2) The chief executive may immediately suspend the registration by 1
written notice given to the holder of the registration. 2
(3) The suspension takes effect immediately the notice is given to the 3
holder. 4
(4) If, within 14 days after the chief executive suspends the registration, 5
the chief executive takes the proposed action, the immediate suspension of 6
the registration lasts until the first to happen of the following-- 7
(a) the chief executive cancels the immediate suspension; 8
(b) a decision to suspend or cancel the registration other than under 9
this section takes effect; 10
(c) a decision is made not to suspend or cancel the registration 11
otherwise than under this section. 12
(5) However, if the proposed action is not taken within the time 13
mentioned in subsection (4), the immediate suspension lapses at the end of 14
the time unless the chief executive has already cancelled it. 15
suspension after charging with offence 16
Immediate
13.(1) This section applies if-- 17
(a) the holder of a registration is charged with an offence against this 18
Act (the "offence"); and 19
(b) the chief executive believes it is necessary immediately to 20
suspend the registration to protect the interests of overseas 21
students, intending overseas students or persons who might 22
become overseas students or intending overseas students, while 23
the charge is dealt with. 24
(2) The chief executive may immediately suspend the registration by 25
written notice given to the holder of the registration. 26
(3) The suspension takes effect immediately the notice is given to the 27
holder. 28
(4) The immediate suspension of the registration lasts until the first to 29
happen of the following-- 30
(a) the chief executive cancels the immediate suspension; 31
s 14 14 s 16
Education (Overseas Students)
(b) proceedings (including appeals) about the offence are finished and 1
result in the holder being found not guilty of the offence; 2
(c) proceedings (including appeals) about the offence end and result 3
in the holder's being found guilty of the offence, and 14 days 4
elapse without the chief executive taking action to suspend or 5
cancel the registration otherwise than under this section because 6
of the finding; 7
(d) proceedings against the holder of the registration for the offence 8
end otherwise than because of the holder being found guilty, or 9
not guilty, of the offence. 10
4--Form of suspensions 11
Division
uspensions 12
S
14.(1) A suspension under division 22 can only be a limited suspension. 13
(2) A suspension under division 3 3 can be either a limited suspension or 14
a suspension that is not limited. 15
of registration as a provider 16
Suspension
15.(1) If the registration of a person as a provider is suspended, the 17
person is taken not to be a registered provider. 18
(2) However, if the suspension is only a limited suspension, the 19
suspension does not make it unlawful for the person to provide a course to 20
an overseas student if, before the suspension started, the person entered into 21
an agreement to provide the course to the student. 22
of registration of a course 23
Suspension
16.(1) If a person's registration of a course is suspended, the course is 24
taken not to be a registered course. 25
2 Division 2 (Suspension or cancellation of registration)
3 Division 3 (Immediate suspension)
s 17 15 s 17
Education (Overseas Students)
(2) However, if the suspension is only a limited suspension, the 1
suspension does not make it unlawful for the person to provide the course 2
to an overseas student if, before the suspension started, the person entered 3
into an agreement to provide the course to the student. 4
Division 5--Major offences 5
without or contrary to registration 6
Acting
17.(1) A person must not provide a course to an overseas student, or 7
arrange or promote a course, if-- 8
(a) the person-- 9
(i) is not a registered provider; or 10
(ii) is a registered provider, but is in breach of a condition of the 11
person's registration as a provider; or 12
(b) the course-- 13
(i) is not a registered course; or 14
(ii) is a registered course, but the person is in breach of a 15
condition of the registration of the course. 16
Maximum penalty--200 penalty units. 17
(2) For subsection (1)-- 18
(a) a person (the "arranger") arranges a course if the arranger, in 19
Australia or elsewhere, enters into an agreement to provide the 20
course to a person as an overseas student; and 21
(b) a person (the "promoter") promotes a course if the promoter, in 22
Australia or elsewhere-- 23
(i) makes an offer to provide the course to a person as an 24
overseas student; or 25
(ii) invites a person to undertake the course as an overseas 26
student; or 27
(iii) invites or accepts an amount for the course from or for an 28
overseas student or intending overseas student; or 29
s 18 16 s 20
Education (Overseas Students)
(iv) if the promoter is not a registered provider--holds the 1
promoter out as able or willing to provide the course to a 2
person as an overseas student, but does not take reasonable 3
steps to ensure that a person who is, or might become, 4
interested in taking the course is aware the promoter is not a 5
registered provider; or 6
(v) if the course is not a registered course--holds the promoter 7
out as able or willing to provide the course to a person as an 8
overseas student, but does not take reasonable steps to 9
ensure that a person who is, or might become, interested in 10
taking the course is aware the course is not a registered 11
course. 12
PART 3--APPEALS 13
for pt 3 14
Definition
18. In this part-- 15
"decision" means-- 16
(a) a direction, order or action of the chief executive, including the 17
suspension (whether immediate or not) or cancellation of a 18
registration; or 19
(b) a failure (including a refusal) of the chief executive to give a 20
direction, make an order or do an action. 21
to court 22
Appeals
19. A person whose interests are affected by a decision under this Act 23
may appeal against it to a Magistrates Court. 24
appeals 25
Starting
20.(1) A person must start an appeal by-- 26
(a) filing a written notice of appeal with a Magistrates Court; and 27
s 21 17 s 23
Education (Overseas Students)
(b) serving a copy of the notice on the chief executive. 1
(2) The appeal may be made to a Magistrates Court in the Magistrates 2
Court district in which the person resides or carries on business. 3
(3) However, subsection (2) does not limit the jurisdiction of another 4
Magistrates Court to hear the appeal. 5
for making appeals 6
Time
21.(1) An appeal may be started at any time. 7
(2) However, if written notice is given of a decision, and reasons for the 8
decision are included in the notice, an appeal against the decision by a 9
person to whom the notice was given must be started within 28 days after 10
the person receives the notice. 11
(3) A Magistrates Court may at any time extend the period for filing a 12
notice of appeal. 13
of operation of decision 14
Stay
22.(1) An appeal does not affect the operation or carrying out of a 15
decision, but a Magistrates Court may grant a stay of the operation of the 16
decision to secure the effectiveness of the appeal. 17
(2) A stay-- 18
(a) may be granted on the conditions the court considers appropriate; 19
and 20
(b) applies for the period the court states, but must not extend beyond 21
when the court makes a decision on the appeal; and 22
(c) may be revoked or amended by the court. 23
of court on appeal 24
Powers
23.(1) In deciding an appeal, a Magistrates Court-- 25
(a) has the powers of the chief executive; and 26
(b) is not bound by the rules of evidence; and 27
(c) must comply with natural justice; and 28
s 24 18 s 26
Education (Overseas Students)
(d) may hear the appeal in court or in chambers. 1
(2) An appeal is by way of rehearing. 2
(3) The court may-- 3
(a) confirm the decision; or 4
(b) set aside the decision and substitute another decision that the court 5
considers appropriate; or 6
(c) set aside the decision and return the issue to the chief executive 7
with the directions the court considers appropriate. 8
of decision of court on appeal 9
Effect
24. If a Magistrates Court substitutes another decision, the substituted 10
decision is, other than for appealing against the decision, taken to be that of 11
the chief executive. 12
to District Court on question of law only 13
Appeal
25. An appeal to a District Court may be made from a decision of a 14
Magistrates Court made under this part, but only on a question of law. 15
ART 4--MISCELLANEOUS 16
P
Division 1--Matters supporting registration 17
to be kept 18
Register
26.(1) The chief executive must keep a register of registered providers 19
and registered courses. 20
(2) The register must contain the information prescribed under a 21
regulation. 22
s 27 19 s 29
Education (Overseas Students)
of cancelled registration certificate 1
Return
27.(1) If the chief executive cancels or suspends a registration for which 2
the chief executive has given a registration certificate, the chief executive 3
may, by written notice, require the holder of the registration to return the 4
registration certificate to the chief executive within a stated reasonable time 5
of at least 14 days. 6
(2) The holder must comply with the notice, unless the holder has a 7
reasonable excuse not to comply with it. 8
Maximum penalty--40 penalty units. 9
(3) If a registration certificate returned to the chief executive under 10
subsection (1) includes information about a registration that has not been the 11
subject of the suspension or cancellation, the chief executive must-- 12
(a) return to the holder the certificate suitably amended; or 13
(b) give the holder a suitable new registration certificate. 14
of registration 15
Surrender
28.(1) The holder of a registration may surrender the registration by 16
giving the chief executive written notice of the surrender. 17
(2) The surrender of the registration takes effect-- 18
(a) 14 days after notice is given to the chief executive; or 19
(b) if the chief executive agrees in writing with the holder to a day 20
earlier than 14 days after the notice is given--on the earlier day; 21
or 22
(c) if a later day is stated in the notice--on the later day. 23
a registration 24
Changing
29. A person (other than the chief executive) must not change a 25
registration certificate. 26
Maximum penalty--20 penalty units. 27
s 30 20 s 32
Education (Overseas Students)
Division 2--Monitoring compliance with Act 1
power to seek information 2
General
30.(1) This section applies if the chief executive believes, on reasonable 3
grounds, that a person (the "provider") is providing a course to an 4
overseas student, and that-- 5
(a) the person is not a registered provider; or 6
(b) the course is not a registered course. 7
(2) The chief executive may, by written notice, require the provider to 8
give the chief executive information or records (or a copy of the records) the 9
provider is keeping, or has control of, relating to-- 10
(a) the student's identity; or 11
(b) the content or conduct of the course. 12
(3) The provider must comply with a requirement made under 13
subsection (2), unless the provider has a reasonable excuse. 14
Maximum penalty--100 penalty units. 15
(4) It is a reasonable excuse for the provider not to give information or 16
reasonable records if giving the information or records might tend to 17
incriminate the provider. 18
of information and making of recommendations 19
Release
31. The chief executive may make available to a corresponding chief 20
executive (however called) of another State or of the Commonwealth 21
information about a registered provider or a registered course. 22
3--Amounts in trust accounts 23
Division
in trust accounts unavailable for debts 24
Amounts
32.(1) A trust account amount-- 25
(a) is not available for the payment of the account trustee's debts to a 26
creditor of the trustee; and 27
s 33 21 s 34
Education (Overseas Students)
(b) must not be attached or taken in execution in a proceeding taken 1
by a creditor of the trustee. 2
(2) In this section-- 3
"account trustee" means, for a trust account amount, the trustee of the 4
trust account into which the amount was paid. 5
"creditor", for subsection (1), does not include an overseas student if the 6
trust account amount represents an amount paid by or for the overseas 7
student. 8
"trust account" means an account for which a registered provider is the 9
trustee, and that is-- 10
(a) a notified trust account established under the Commonwealth Act; 11
or 12
(b) a trust account operated under a regulation made under this Act. 13
"trust account amount" means an amount that, under the Commonwealth 14
Act or a regulation made under this Act, is paid into a trust account. 15
4--Delegations 16
Division
17
Delegation
33. The chief executive may delegate the chief executive's powers under 18
this Act to an officer or employee of the department. 19
Division 5--Regulations 20
power 21
Regulation-making
34.(1) The Governor in Council may make regulations under this Act. 22
(2) A regulation may-- 23
(a) impose fees; or 24
(b) create offences and prescribe penalties of not more than 25
20 penalty units for each offence. 26
s 35 22 s 35
Education (Overseas Students)
(3) A regulation may require registered providers to put in place, or 1
participate in, arrangements directed at ensuring that overseas students are 2
financially protected from default of registered providers, including 3
arrangements for registered providers-- 4
(a) to hold policies of indemnity insurance or guarantees; and 5
(b) to participate in indemnity schemes; and 6
(c) to operate trust accounts. 7
(4) Subsection (3) does not limit by implication the conditions the chief 8
executive may decide for a registration. 9
ART 5--TRANSITIONAL 10
P
registration 11
Transitional
35.(1) This section applies if, immediately before the commencement of 12
this section, a person (or an institution or other entity for the person) was, 13
under the Commonwealth Act, a registered provider for a course and, on 14
the commencement, the course became a course under this Act. 15
(2) On the commencement-- 16
(a) the person is taken to be a registered provider; and 17
(b) the course is taken to be a registered course; and 18
(c) the person is taken to be the registered provider for the course. 19
(3) As soon as practicable after the commencement, the chief executive 20
must give the person registration certificates for-- 21
(a) registration of the person as a provider; and 22
(b) registration of the course. 23
(4) For giving a registration certificate under subsection (3), the 24
registration is taken to have been approved under this Act. 25
(5) This part expires 1 year after it commences. 26
s 36 23 s 37
Education (Overseas Students)
PART 6--AMENDMENT OF EDUCATION (GENERAL 1
PROVISIONS) ACT 1989 2
amended in pt 6 3
Act
36. This part amends the Education (General Provisions) Act 1989. 4
of s 76 (Restriction on overseas persons receiving instruction) 5
Repeal
37. Section 76-- 6
omit. 7
8
24
Education (Overseas Students)
CHEDULE 1
¡S
ICTIONARY 2
D
section 3 3
"Commonwealth Act" means the Education Services for Overseas 4
Students (Registration of Providers and Financial Regulation) Act 5
1991 (Cwlth). 6
"course" means any type of full-time, or substantially full-time, education, 7
instruction or training provided or mainly provided in Queensland. 8
9
Example 1--
10
If a student undertakes studies for a qualification from a Queensland educational
11
institution by attending at the institution for all or a substantial part of the studies,
12
the studies could be a course under this Act.
13
Example 2--
14
If a student undertakes studies for a qualification from a Queensland educational
15
institution by doing research work in another State under supervision from the
16
institution, the studies could be a course under this Act.
17
Example 3--
18
If a student living in another country undertakes studies for a qualification from a
19
Queensland educational institution by correspondence forwarded to the student in
20
that country, the studies could not be a course under this Act, even if the student
21
attends the institution personally for a compulsory or optional vacation school.
"intending overseas student" means a person who intends to become an 22
overseas student. 23
"overseas student" means a person who holds a student visa issued under 24
the Migration Act 1958 (Cwlth). 25
"registered course" means a course registered under this Act. 26
"registered provider" means a person who is registered under this Act as 27
a provider. 28
"registration certificate" means-- 29
(a) a certificate of the registration of a person as a provider; or 30
25
Education (Overseas Students)
SCHEDULE (continued)
(b) a certificate of the registration of a course. 1
"registration criteria" means the registration criteria prescribed under a 2
regulation. 3
"statutory conditions" means the conditions mentioned in section 8. 4
5
© State of Queensland 1996
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