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This is a Bill, not an Act. For current law, see the Acts databases.
2013
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Education Services for Overseas
Students Amendment Bill 2013
No. , 2013
(Education)
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 2013 No. , 2013
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedule(s) ........................................................................................ 2
Schedule 1--Amendments
3
Education Services for Overseas Students Act 2000
3
Education Services for Overseas Students Amendment Bill 2013 No. , 2013 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
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Students Amendment Act 2013.
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2 Commencement
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(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 2013 No. , 2013
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 this Act receives the Royal Assent.
2. Schedule 1
A single day to be fixed by Proclamation.
However, if the provision(s) do not
commence within the period of 6 months
beginning on the day this Act receives the
Royal Assent, they commence on the day
after the end of that period.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
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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
Amendments Schedule 1
Education Services for Overseas Students Amendment Bill 2013 No. , 2013 3
Schedule 1
--
Amendments
1
2
Education Services for Overseas Students Act 2000
3
1 Section 5 (subparagraph (b)(ii) of the definition of
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monitoring purpose)
5
Repeal the subparagraph, substitute:
6
(ii) refund amounts to its accepted students under
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Division 2 of Part 5.
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2 Section 5 (definition of national code)
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Omit "Registration Authorities and".
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3 Section 5 (definition of pre-paid fees)
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Repeal the definition.
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4 Division 2 of Part 3 (heading)
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Repeal the heading, substitute:
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Division 2--Tuition fees
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5 Section 27 (heading)
16
Repeal the heading, substitute:
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27 Tuition fees
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6 Subsection 27(1) (heading)
19
Repeal the heading, substitute:
20
Limit on tuition fees received before course begins
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7 Section 28 (heading)
22
Repeal the heading, substitute:
23
Schedule 1 Amendments
4 Education Services for Overseas Students Amendment Bill 2013 No. , 2013
28 Obligation for registered provider to maintain account
1
8 Subsection 28(2) (heading)
2
Repeal the heading, substitute:
3
Account to be maintained with an Australian ADI
4
9 Subsection 28(3)
5
Repeal the subsection.
6
10 Section 29 (heading)
7
Repeal the heading, substitute:
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29 Obligations in relation to account money
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11 Subsection 29(1) (heading)
10
Repeal the heading, substitute:
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Tuition fees received before course begins to be paid to credit of
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account
13
12 Subsection 33(2)
14
Omit "Registration Authorities and".
15
13 Paragraph 38(g)
16
Omit "of pre-paid fees", substitute "under Division 2 of Part 5".
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14 Subsection 46D(6)
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Omit "pre-paid", substitute "tuition".
19
15 Subsection 46D(6) (note)
20
Omit "initial pre-paid fees account", substitute "account in accordance
21
with section 28".
22
16 Subsection 46D(7)
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Omit "pre-paid", substitute "tuition".
24
Amendments Schedule 1
Education Services for Overseas Students Amendment Bill 2013 No. , 2013 5
17 Subsection 47D(2) (note)
1
Omit "initial pre-paid fees account", substitute "account in accordance
2
with section 28".
3
18 Subsection 47E(2)
4
Repeal the subsection, substitute:
5
(2) The provider must pay the student a refund of the amount worked
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out in accordance with an instrument under subsection (4).
7
Note:
For providers who are required to maintain an account in accordance
8
with section 28, the refund might be paid out of the account: see
9
section 29.
10
19 Subsection 47E(4)
11
Repeal the subsection, substitute:
12
Legislative instrument
13
(4) The Minister may, by legislative instrument, specify a method for
14
working out the amount of a refund for the purposes of
15
subsection (2).
16
20 Subsection 50C(1)
17
Omit "pre-paid fees", substitute "fees to which the refund requirements
18
under Division 2 relate".
19
21 Subsection 50C(2) (note)
20
Omit "initial pre-paid fees account", substitute "account in accordance
21
with section 28".
22
22 Paragraph 83(1A)(b)
23
Repeal the paragraph, substitute:
24
(b) refund amounts to its accepted students under Division 2 of
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Part 5.
26
23 Application and saving provisions
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(1)
Despite the amendment made by item 3, the definition of pre-paid fees
28
in section 5 of the Education Services for Overseas Students Act 2000,
29
as in force immediately before the commencement of that item,
30
continues to apply on and after that commencement for the purposes of:
31
Schedule 1 Amendments
6 Education Services for Overseas Students Amendment Bill 2013 No. , 2013
(a) working out compliance with section 47B of that Act for
1
agreements entered into before that commencement; and
2
(b) the operation of Part 5 of that Act in relation to defaults that
3
occur before that commencement.
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(2)
The amendment made by item 12 does not affect the continuity of the
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code under Part 4 of the Education Services for Overseas Students Act
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2000 that was in force immediately before the commencement of that
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item.
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(3)
The amendment made by item 13 applies in relation to agreements
9
entered into under section 47B of the Education Services for Overseas
10
Students Act 2000 on or after the commencement of that item.
11
(4)
The amendments made by items 14, 16, 18, 19 and 20 apply in relation
12
to defaults that occur on or after the commencement of those items.
13
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