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

EDUCATION SERVICES FOR OVERSEAS STUDENTS AMENDMENT BILL 2005

2004-2005
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Education Services for Overseas
Students Amendment Bill 2005
No. , 2005
(Education, Science and Training)
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 Bill 2005 No. , 2005
Contents
1
Short title.......................................................................................1
2
Commencement .............................................................................1
3
Schedule(s)....................................................................................2
Schedule 1--Main amendments
3
Education Services for Overseas Students Act 2000
3
Schedule 2--Technical amendments relating to legislative
instruments
5
Education Services for Overseas Students Act 2000
5
Education Services for Overseas Students Amendment Bill 2005 No. , 2005 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 Act 2005.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
13
2 Education Services for Overseas Students Amendment Bill 2005 No. , 2005
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 on which this Act receives the
Royal Assent.
2. Schedule 1
At the same time as Schedule 1 to the
Higher Education Legislation Amendment
(2005 Measures No. 4) Act 2005
commences.
3. Schedule 2
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
passed by the Parliament and assented to. It will not be expanded to
2
deal with provisions inserted in this Act after assent.
3
(2) Column 3 of the table contains additional information that is not
4
part of this Act. Information in this column may be added to or
5
edited in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Main amendments Schedule 1
Education Services for Overseas Students Amendment Bill 2005 No. , 2005 3
1
Schedule 1--Main amendments
2
3
Education Services for Overseas Students Act 2000
4
1 Section 5 (definition of provider)
5
Omit "in Australia".
6
2 Paragraph 9(2)(a)
7
Repeal the paragraph, substitute:
8
(a) the provider is:
9
(i) a resident of Australia; or
10
(ii) a Table C provider (within the meaning of the Higher
11
Education Support Act 2003); and
12
3 Section 16
13
Repeal the section, substitute:
14
16 Only Australian residents and Table C providers may be
15
registered
16
A registered provider must be:
17
(a) a resident of Australia; or
18
(b) a Table C provider (within the meaning of the Higher
19
Education Support Act 2003).
20
Note:
The Minister may take action under Division 1 of Part 6 against a
21
registered provider that has breached this section.
22
4 Application of items 1 to 3
23
A Table C provider (within the meaning of the Higher Education
24
Support Act 2003) does not breach its obligations under the national
25
code established under Part 4 of the Education Services for Overseas
26
Students Act 2000 merely because the provider is not a resident of
27
Australia.
28
5 Section 18
29
Before "If a", insert "(1)".
30
6 At the end of section 18
31
Schedule 1 Main amendments
4 Education Services for Overseas Students Amendment Bill 2005 No. , 2005
Add:
1
(2) A registered provider does not breach its obligations under this Act
2
or any other Act relating to education by charging overseas
3
students, or intending overseas students, an amount as part of the
4
student's tuition fee, if the amount is for any action the provider is
5
required to undertake because of this Act or the national code.
6
Note:
The heading to section 18 is replaced by the heading "Payments to registered
7
providers".
8
Technical amendments relating to legislative instruments Schedule 2
Education Services for Overseas Students Amendment Bill 2005 No. , 2005 5
1
Schedule 2--Technical amendments relating
2
to legislative instruments
3
4
Education Services for Overseas Students Act 2000
5
1 Subsection 33(1)
6
After "Minister must", insert ", by legislative instrument,".
7
2 Subsection 33(3)
8
Repeal the subsection.
9

 

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