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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020-2021
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Education Services for Overseas
Students Amendment (Cost Recovery
and Other Measures) Bill 2021
No. , 2021
(Education and Youth)
A Bill for an Act to amend the
Education Services
for Overseas Students Act 2000
, and for other
purposes
No. , 2021
Education Services for Overseas Students Amendment (Cost Recovery
and Other Measures) Bill 2021
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--General amendments
3
Part 1--Amendments
3
Education Services for Overseas Students Act 2000
3
Part 2--Transitional
8
Schedule 2--Amendments contingent on the commencement of
the Tertiary Education Quality and Standards
Agency (Charges) Act 2021
9
Education Services for Overseas Students Act 2000
9
No. , 2021
Education Services for Overseas Students Amendment (Cost Recovery
and Other Measures) Bill 2021
1
A Bill for an Act to amend the
Education Services
1
for Overseas Students Act 2000
, and for other
2
purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the
Education Services for Overseas Students
6
Amendment (Cost Recovery and Other Measures) Act 2021
.
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
2
Education Services for Overseas Students Amendment (Cost Recovery
and Other Measures) Bill 2021
No. , 2021
1
Commencement information
Column 1
Column 2
Column 3
Provisions
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
At the same time as the
Education Services
for Overseas Students (Registration
Charges) Amendment Act 2021
commences.
However, the provisions do not commence
at all if that Act does not commence.
3. Schedule 2
At the same time as the
Tertiary Education
Quality and Standards Agency (Charges)
Act 2021
commences.
However, the provisions do not commence
at all if that Act does not commence.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedules
8
Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
General amendments
Schedule 1
Amendments
Part 1
No. , 2021
Education Services for Overseas Students Amendment (Cost Recovery
and Other Measures) Bill 2021
3
Schedule 1--General amendments
1
Part 1--Amendments
2
Education Services for Overseas Students Act 2000
3
1 Section 5 (definition of
annual registration charge
)
4
Repeal the definition.
5
2 Section 5
6
Insert:
7
compliance audit
has the meaning given by section 112A.
8
CRICOS annual registration charge
means CRICOS annual
9
registration charge imposed by the
Education Services for
10
Overseas Students (Registration Charges) Act 1997
.
11
3 Section 5 (definition of
entry to market charge
)
12
Repeal the definition.
13
4 Section 5 (definition of
first entry to market charge
)
14
Repeal the definition.
15
5 Section 5
16
Insert:
17
schools initial registration charge
means schools initial
18
registration charge imposed by the
Education Services for
19
Overseas Students (Registration Charges) Act 1997
.
20
schools renewal registration charge
means schools renewal
21
registration charge imposed by the
Education Services for
22
Overseas Students (Registration Charges) Act 1997
.
23
6 Section 5 (definition of
second entry to market charge
)
24
Repeal the definition.
25
Schedule 1
General amendments
Part 1
Amendments
4
Education Services for Overseas Students Amendment (Cost Recovery
and Other Measures) Bill 2021
No. , 2021
7 Section 5 (definition of
third entry to market charge
)
1
Repeal the definition.
2
8 Subparagraph 11(g)(i)
3
Omit "the first entry to market charge", substitute "schools initial
4
registration charge".
5
9 After subparagraph 11(g)(i)
6
Insert:
7
(ia) National VET Regulator annual registration charge
8
imposed by section 6A of the
National Vocational
9
Education and Training Regulator (Charges) Act 2012
10
(if the provider is liable to pay that charge); and
11
(ib) a fee determined under section 232 of the
National
12
Vocational Education and Training Regulator Act 2011
13
(if the provider is liable to pay that fee); and
14
(ic) a fee determined under section 158 of the
Tertiary
15
Education Quality and Standards Agency Act 2011
(if
16
the provider is liable to pay that fee); and
17
10 Subparagraphs 11(h)(i) to (iii)
18
Repeal the subparagraphs, substitute:
19
(i) CRICOS annual registration charge; or
20
(ii) schools renewal registration charge; or
21
(iii) National VET Regulator annual registration charge
22
imposed by section 6A of the
National Vocational
23
Education and Training Regulator (Charges) Act 2012
;
24
or
25
(iiia) charge payable under section 7 of the
National
26
Vocational Education and Training Regulator
27
(Charges) Act 2012
; or
28
(iiib) charge payable under section 10 of the
National
29
Vocational Education and Training Regulator
30
(Charges) Act 2012
; or
31
(iiic) a fee determined under section 232 of the
National
32
Vocational Education and Training Regulator Act 2011
;
33
or
34
General amendments
Schedule 1
Amendments
Part 1
No. , 2021
Education Services for Overseas Students Amendment (Cost Recovery
and Other Measures) Bill 2021
5
(iiid) a fee determined under section 158 of the
Tertiary
1
Education Quality and Standards Agency Act 2011
; or
2
11 Section 11 (note 1)
3
Omit "Note 1", substitute "Note".
4
12 Section 11 (note 2)
5
Repeal the note.
6
13 Section 12
7
Repeal the section.
8
14 Sections 23 and 23A
9
Repeal the sections, substitute:
10
23 CRICOS annual registration charge
11
(1) If a registered provider is liable to pay CRICOS annual registration
12
charge for a year, the Secretary must give the registered provider a
13
written notice (the
first notice
) that:
14
(a) specifies the amount of the charge payable by the provider;
15
and
16
(b) determines that the amount is due for payment at the end of
17
the 30-day period beginning on the day after the first notice is
18
given to the provider.
19
Note:
CRICOS annual registration charge is imposed by section 5 of the
20
Education Services for Overseas Students (Registration Charges) Act
21
1997
.
22
(2) If the registered provider did not pay the amount of CRICOS
23
annual registration charge at or before the time when it became due
24
for payment, the Secretary must give the provider a written notice
25
(the
second notice
) that:
26
(a) specifies the amount of the charge payable by the provider;
27
and
28
(b) states that the provider must pay that amount by the end of
29
the 7-day period beginning on the day after the second notice
30
is given to the provider; and
31
(c) sets out the effect of section 90.
32
Schedule 1
General amendments
Part 1
Amendments
6
Education Services for Overseas Students Amendment (Cost Recovery
and Other Measures) Bill 2021
No. , 2021
Note:
Section 90 provides that the provider's registration is automatically
1
suspended if the provider does not comply with the second notice.
2
(3) If:
3
(a) the registered provider fails to comply with the second
4
notice; and
5
(b) the Secretary is not the ESOS agency for the provider;
6
the Secretary must notify the ESOS agency for the provider of the
7
failure.
8
(4) A notice under this section is not a legislative instrument.
9
15 Paragraph 90(1)(b)
10
Omit "or 23A".
11
16 Division 1A of Part 7 (heading)
12
Omit "
Division 1A
", substitute "
Division 1
".
13
17 Section 111A
14
After:
15
•
This Part provides for the monitoring of registered providers'
16
compliance with this Act, the national code, the ELICOS
17
Standards or the Foundation Program Standards.
18
insert:
19
•
The ESOS agency for a registered provider may conduct a
20
compliance audit of the provider.
21
18 Division 1 of Part 7 (heading)
22
Omit "
Division 1
", substitute "
Division 1A
".
23
19 Before Division 2 of Part 7
24
Insert:
25
General amendments
Schedule 1
Amendments
Part 1
No. , 2021
Education Services for Overseas Students Amendment (Cost Recovery
and Other Measures) Bill 2021
7
Division 1B--Compliance audits
1
112A Compliance audits
2
(1) The ESOS agency for a registered provider may conduct an audit
3
of the registered provider for the purpose of determining whether
4
the registered provider is complying, or has complied, with:
5
(a) this Act; or
6
(b) the national code; or
7
(c) if the ELICOS Standards or Foundation Program Standards
8
apply in relation to the registered provider--those Standards.
9
(2) An audit conducted under subsection (1) is to be known as a
10
compliance audit
.
11
(3) If a compliance audit of a registered provider is being conducted
12
by the ESOS agency for the registered provider, the registered
13
provider must:
14
(a) cooperate fully with the ESOS agency in relation to the
15
compliance audit; and
16
(b) provide the ESOS agency with all reasonable facilities and
17
assistance in relation to the compliance audit.
18
Note:
If the registered provider breaches subsection (3), the ESOS agency
19
may take action against the registered provider under section 83.
20
20 Paragraphs 172(1)(a) to (ba)
21
Repeal the paragraphs, substitute:
22
(a) CRICOS annual registration charge; or
23
21 Paragraphs 173(1)(a) to (ab)
24
Repeal the paragraphs, substitute:
25
(a) CRICOS annual registration charge;
26
(aa) schools initial registration charge;
27
(ab) schools renewal registration charge;
28
Schedule 1
General amendments
Part 2
Transitional
8
Education Services for Overseas Students Amendment (Cost Recovery
and Other Measures) Bill 2021
No. , 2021
Part 2--Transitional
1
22 Transitional
--annual registration charge and entry to
2
market charges
3
Despite the repeal of sections 23 and 23A of the
Education Services for
4
Overseas Students Act 2000
by this Schedule, those sections continue to
5
apply in relation to a charge that became due for payment before the
6
commencement of this item, as if that repeal had not happened.
7
23 Transitional
--automatic suspension
8
Despite the amendment of section 90 of the
Education Services for
9
Overseas Students Act 2000
made by this Schedule, that section
10
continues to apply in relation to a notice given under section 23 or 23A
11
of that Act before the commencement of this item, as if that amendment
12
had not been made.
13
24 Transitional
--late payment penalties
14
Despite the amendment of section 172 of the
Education Services for
15
Overseas Students Act 2000
made by this Schedule, that section
16
continues to apply in relation to a charge that became due for payment
17
before the commencement of this item, as if that amendment had not
18
been made.
19
25 Transitional
--debts due to the Commonwealth
20
Despite the amendment of section 173 of the
Education Services for
21
Overseas Students Act 2000
made by this Schedule, that section
22
continues to apply in relation to a charge that became due for payment
23
before the commencement of this item, as if that amendment had not
24
been made.
25
Amendments contingent on the commencement of the Tertiary Education Quality and
Standards Agency (Charges) Act 2021
Schedule 2
No. , 2021
Education Services for Overseas Students Amendment (Cost Recovery
and Other Measures) Bill 2021
9
Schedule 2--Amendments contingent on the
1
commencement of the Tertiary
2
Education Quality and Standards
3
Agency (Charges) Act 2021
4
5
Education Services for Overseas Students Act 2000
6
1 Before subparagraph 11(h)(iv)
7
Insert:
8
(iiie) charge imposed by the
Tertiary Education Quality and
9
Standards Agency (Charges) Act 2021
; or
10