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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014-2015
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Education Services for Overseas
Students Amendment (Streamlining
Regulation) Bill 2015
No. , 2015
(Education and Training)
A Bill for an Act to amend the law relating to
education services for overseas students, and for
other purposes
No. , 2015
Education Services for Overseas Students Amendment (Streamlining
Regulation) Bill 2015
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Streamlining registration
3
Education Services for Overseas Students Act 2000
3
Education Services for Overseas Students (TPS Levies) Act 2012
62
National Vocational Education and Training Regulator Act 2011
63
Tertiary Education Quality and Standards Agency Act 2011
63
Schedule 2--Review of decisions
64
Education Services for Overseas Students Act 2000
64
Schedule 3--Ministerial directions
70
Education Services for Overseas Students Act 2000
70
National Vocational Education and Training Regulator Act 2011
70
Tertiary Education Quality and Standards Agency Act 2011
71
Schedule 4--TPS Director
72
Education Services for Overseas Students Act 2000
72
Schedule 5--Other amendments
78
Part 1--Amendments commencing on the day after Royal
Assent
78
Education Services for Overseas Students Act 2000
78
Part 2--Amendments commencing on 1 July 2016
81
Education Services for Overseas Students Act 2000
81
Schedule 6--Application, transitional and savings provisions
83
Part 1--Definitions
83
Part 2--Registration of providers etc.
84
Part 3--Review of decisions
88
Part 4--Other matters
89
No. , 2015
Education Services for Overseas Students Amendment (Streamlining
Regulation) Bill 2015
1
A Bill for an Act to amend the law relating to
1
education services for overseas students, and for
2
other 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 (Streamlining Regulation) Act 2015.
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 (Streamlining
Regulation) Bill 2015
No. , 2015
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. Schedules 1 to
4
1 July 2016.
1 July 2016
3. Schedule 5,
Part 1
The day after this Act receives the Royal
Assent.
4. Schedule 5,
Part 2
1 July 2016.
1 July 2016
5. Schedule 6,
Part 1
The day after this Act receives the Royal
Assent.
6. Schedule 6,
Parts 2 and 3
1 July 2016.
1 July 2016
7. Schedule 6,
item 7
The day after this Act receives the Royal
Assent.
8. Schedule 6,
items 8 to 13
1 July 2016.
1 July 2016
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
Streamlining registration Schedule 1
No. , 2015
Education Services for Overseas Students Amendment (Streamlining
Regulation) Bill 2015
3
Schedule 1
--Streamlining registration
1
2
Education Services for Overseas Students Act 2000
3
1 Paragraph 4B(1)(b)
4
Repeal the paragraph, substitute:
5
(b) a reference in a provision of this Act to the designated State
6
authority included a reference to the Territories Minister.
7
2 Paragraph 4B(2)(a)
8
Omit "designated authority", substitute "designated State authority".
9
3 Paragraph 4B(2)(b)
10
Repeal the paragraph, substitute:
11
(b) paragraph 6D(1)(a);
12
4 Subsection 4B(3)
13
Omit "designated authority", substitute "designated State authority".
14
5 Section 5 (definition of approved provider)
15
Repeal the definition.
16
6 Section 5
17
Insert:
18
approved school provider means a school provider approved
19
(however described) by a designated State authority to provide
20
courses to:
21
(a) if the school provider is located in Tasmania or the
22
Australian Capital Territory--students for that State or
23
Territory; or
24
(b) otherwise--overseas students for the State (other than
25
Tasmania or the Australian Capital Territory).
26
7 Section 5 (definition of approved unit of study)
27
Repeal the definition.
28
Schedule 1 Streamlining registration
4
Education Services for Overseas Students Amendment (Streamlining
Regulation) Bill 2015
No. , 2015
8 Section 5 (definition of authorised employee)
1
Repeal the definition.
2
9 Section 5
3
Insert:
4
authorised officer of the ESOS agency for a registered provider
5
has the meaning given by section 6A.
6
10 Section 5 (definition of condition)
7
Omit "section 9AD or 9AE", substitute "section 10B".
8
11 Section 5 (definition of designated authority)
9
Repeal the definition.
10
12 Section 5
11
Insert:
12
designated State authority for a provider or registered provider to
13
the extent the provider is an approved school provider means the
14
person responsible under the law of a State for approving (however
15
described) school providers to provide courses to:
16
(a) if the school provider is located in Tasmania or the
17
Australian Capital Territory--students for that State or
18
Territory; or
19
(b) otherwise--overseas students for the State (other than
20
Tasmania or the Australian Capital Territory).
21
DSA assessment certificate has the meaning given by
22
subsection 6B(1).
23
DSA recommendation certificate has the meaning given by
24
subsection 6B(2).
25
ELICOS means English Language Intensive Course for Overseas
26
Students.
27
ESOS agency for a provider or registered provider has the meaning
28
given by section 6C.
29
exempt provider has the meaning given by section 6D.
30
Streamlining registration Schedule 1
No. , 2015
Education Services for Overseas Students Amendment (Streamlining
Regulation) Bill 2015
5
13 Section 5 (definition of first entry to market charge)
1
Omit "entry to market charge referred to in table item 1 of the table",
2
substitute "first entry to market charge referred to".
3
14 Section 5 (definition of higher education provider)
4
Repeal the definition.
5
15 Section 5
6
Insert:
7
meets the registration requirements has the meaning giving by
8
section 11.
9
16 Section 5 (paragraph (a) of the definition of monitoring
10
purpose)
11
Repeal the paragraph, substitute:
12
(a) whether a registered provider is complying, or has complied,
13
with:
14
(i) this Act; or
15
(ii) the national code; or
16
(iii) if the ELICOS Standards or Foundation Program
17
Standards apply in relation to the provider--those
18
Standards; or
19
17 Section 5
20
Insert:
21
non-referring State has the same meaning as in the NVETR Act.
22
NVETR Act means the National Vocational Education and
23
Training Regulator Act 2011.
24
NVR registered training organisation has the same meaning as in
25
the NVETR Act.
26
18 Section 5 (definition of provider)
27
Repeal the definition, substitute:
28
provider has the meaning given by section 6E.
29
Schedule 1 Streamlining registration
6
Education Services for Overseas Students Amendment (Streamlining
Regulation) Bill 2015
No. , 2015
19 Section 5
1
Insert:
2
registered higher education provider has the same meaning as in
3
the TEQSA Act.
4
20 Section 5 (definition of registered provider)
5
Repeal the definition, substitute:
6
registered provider for a course for a location means a provider
7
that is registered to provide the course at the location.
8
21 Section 5
9
Insert:
10
registered training organisation has the same meaning as in the
11
NVETR Act.
12
registered VET provider means:
13
(a) an NVR registered training organisation; or
14
(b) a registered training organisation (other than an NVR
15
registered training organisation) that provides, or seeks to
16
provide, courses to overseas students at locations in a
17
non-referring State.
18
related person of a provider or registered provider has the meaning
19
given by subsection 7A(3).
20
relevant individual of a registered provider means:
21
(a) an officer or employee of the provider; or
22
(b) a consultant to the provider; or
23
(c) if the provider is a partnership--a partner in the partnership;
24
or
25
(d) if the provider is a sole trader--the provider; or
26
(e) an officer or employee of an administrator or liquidator of the
27
provider or a former registered provider.
28
22 Section 5 (definition of risk assessment)
29
Repeal the definition.
30
Streamlining registration Schedule 1
No. , 2015
Education Services for Overseas Students Amendment (Streamlining
Regulation) Bill 2015
7
23 Section 5
1
Insert:
2
school provider means a person or entity that provides courses of
3
education at a level that, under section 15 of the Australian
4
Education Act 2013, constitutes primary education, or secondary
5
education, for the provider.
6
24 Section 5 (definition of second or third entry to market
7
charge)
8
Repeal the definition.
9
25 Section 5
10
Insert:
11
second entry to market charge means the second entry to market
12
charge referred to in subsection 6(4) of the Education Services for
13
Overseas Students (Registration Charges) Act 1997.
14
third entry to market charge means the third entry to market
15
charge referred to in subsection 6(6) of the Education Services for
16
Overseas Students (Registration Charges) Act 1997.
17
26 Section 5 (definition of TPS levy)
18
Repeal the definition, substitute:
19
TPS levy means the TPS levy imposed under the Education
20
Services for Overseas Students (TPS Levies) Act 2012.
21
27 Section 5A (heading)
22
Repeal the heading, substitute:
23
Schedule 1 Streamlining registration
8
Education Services for Overseas Students Amendment (Streamlining
Regulation) Bill 2015
No. , 2015
5A When registered higher education providers are taken to have
1
the principal purpose of providing education
2
28 Section 5A
3
Omit "subparagraphs 9AB(1)(f)(ii) and 14(1)(a)(ii) and paragraphs
4
9AH(c) and 83(1C)(a), a higher education provider", substitute
5
"paragraphs 11(d) and 83(1C)(a), a registered higher education
6
provider".
7
29 After section 6
8
Insert:
9
6A Meaning of authorised officer
10
(1) The following table sets out who is an authorised officer of the
11
ESOS agency for a registered provider:
12
13
Authorised officer
Item
If the ESOS agency for a
registered provider is:
a person is an authorised officer of the
agency if:
1
TEQSA
the person is:
(a) a Commissioner (within the meaning of
the TEQSA Act); or
(b) the Chief Executive Officer of TEQSA;
or
(c) an authorised officer (within the
meaning of that Act)
2
the National VET Regulator
the person is:
(a) a Commissioner (within the meaning of
the NVETR Act); or
(b) an authorised officer (within the
meaning of that Act)
3
the Secretary
the person is appointed under
subsection (2)
4
an entity that is not covered by
another item of this table
the person is appointed under
subsection (3)
14
Streamlining registration Schedule 1
No. , 2015
Education Services for Overseas Students Amendment (Streamlining
Regulation) Bill 2015
9
(2) If the ESOS agency for a registered provider is the Secretary, the
1
agency may, in writing, appoint a person as an authorised officer
2
of the agency if:
3
(a) the person is an APS employee in the Department; and
4
(b) the person holds or performs the duties of an APS 5 position
5
or higher, or an equivalent position; and
6
(c) the agency is satisfied that the person has suitable
7
qualifications and experience.
8
(3) If the ESOS agency for a registered provider is an entity that is
9
covered by item 4 of the table in subsection (1), the agency may, in
10
writing, appoint a person as an authorised officer of the agency if:
11
(a) the person is an employee or constituent member of the
12
agency; and
13
(b) the agency is satisfied that the person has suitable
14
qualifications and experience.
15
6B Meaning of DSA assessment certificate and DSA recommendation
16
certificate
17
DSA assessment certificate
18
(1) A DSA assessment certificate is a certificate given by the
19
designated State authority for an approved school provider that:
20
(a) states that the authority is satisfied that the provider is
21
complying, or will comply, with:
22
(i) this Act; and
23
(ii) the national code; and
24
(iii) if the ELICOS Standards or Foundation Program
25
Standards apply in relation to the provider--those
26
Standards; and
27
(b) if the provider is not an exempt provider--states that the
28
authority is satisfied that the provider is fit and proper to be
29
registered; and
30
(c) states that the authority is satisfied that the provider has the
31
principal purpose of providing education; and
32
(d) states that the authority has no reason to believe that:
33
Schedule 1 Streamlining registration
10
Education Services for Overseas Students Amendment (Streamlining
Regulation) Bill 2015
No. , 2015
(i) the provider does not have the clearly demonstrated
1
capacity to provide education of a satisfactory standard;
2
or
3
(ii) the provider has not been providing, or will not provide,
4
education of a satisfactory standard; and
5
(e) recommends the conditions (if any) that should be imposed
6
on the provider's registration; and
7
(f) recommends a period not longer than 7 years for which the
8
provider should be registered; and
9
(g) sets out any other matters prescribed by the regulations.
10
Note:
The designated State authority must have regard to the matters in
11
subsection 7A(2) in deciding whether it is satisfied that the provider is
12
fit and proper to be registered.
13
DSA recommendation certificate
14
(2) A DSA recommendation certificate is a certificate given by the
15
designated State authority for an approved school provider that:
16
(a) recommends that the ESOS agency for the provider should
17
add one or more courses at one or more locations to the
18
provider's registration; and
19
(b) recommends the conditions (if any) that should be imposed
20
on the provider's registration; and
21
(c) sets out any other matters prescribed by the regulations.
22
Form of certificates
23
(3) A DSA assessment certificate or DSA recommendation certificate
24
must be in the form approved, in writing, by the ESOS agency for
25
the approved school provider to which the certificate relates.
26
6C Meaning of ESOS agency
27
(1) Subject to subsections (3) and (4), the following table sets out the
28
ESOS agency for a provider or registered provider:
29
30
Streamlining registration Schedule 1
No. , 2015
Education Services for Overseas Students Amendment (Streamlining
Regulation) Bill 2015
11
ESOS agency
Item
To the extent that a provider or
registered provider is:
the ESOS agency for the provider
or registered provider is:
1
a registered higher education provider TEQSA
2
a registered VET provider
the National VET Regulator
3
an approved school provider
the Secretary
4
a person or entity that provides an
ELICOS or a Foundation Program
the entity determined under
subsection (2)
5
a provider or registered provider that
is not covered by another item of this
table
the entity determined under
subsection (2)
1
(2) The Minister may, by legislative instrument, determine that an
2
entity is the ESOS agency for a provider or registered provider
3
covered by item 4 or 5 of the table in subsection (1).
4
(3) If a provider or registered provider is covered by more than one
5
item of the table in subsection (1), the Minister may, by legislative
6
instrument:
7
(a) determine that one or more entities are the ESOS agencies
8
for the provider; and
9
(b) specify the circumstances in which each of those entities is
10
the ESOS agency for the provider.
11
(4) If subparagraph 83(2A)(d)(i) or (2B)(d)(i) or paragraph 83(2C)(c)
12
applies in relation to a registered provider, disregard that
13
subparagraph or paragraph in determining the ESOS agency for the
14
provider for the purposes of subsection 83(2A), (2B) or (2C).
15
6D Meaning of exempt provider
16
(1) A provider or registered provider is an exempt provider if:
17
(a) the provider is administered by a State education authority; or
18
(b) the provider:
19
(i) is entitled to receive funds under a law of the
20
Commonwealth for recurrent expenditure for the
21
provision of education or training; and
22
Schedule 1 Streamlining registration
12
Education Services for Overseas Students Amendment (Streamlining
Regulation) Bill 2015
No. , 2015
(ii) is not a provider prescribed by the regulations for the
1
purposes of this subparagraph; or
2
(c) the provider is specified in the regulations.
3
(2) To avoid doubt, a private corporate body established in connection
4
with a provider covered by paragraph (1)(a) or (b) is not itself, by
5
virtue of that connection alone, a provider covered by that
6
paragraph.
7
6E Meaning of provider
8
(1) A provider is:
9
(a) a registered higher education provider; or
10
(b) a registered VET provider; or
11
(c) an approved school provider; or
12
(d) a person or entity that provides an ELICOS or a Foundation
13
Program; or
14
(e) another person or entity (other than a person or entity
15
specified under subsection (2));
16
that provides, or seeks to provide, courses to overseas students.
17
(2) The Minister may, by legislative instrument, specify a person or
18
entity for the purposes of paragraph (1)(e).
19
30 Section 7A
20
Repeal the section, substitute:
21
7A Deciding whether a provider or registered provider is fit and
22
proper to be registered etc.
23
(1) This section applies if it is necessary for the purposes of a
24
provision of this Act for:
25
(a) the ESOS agency for a provider or registered provider to
26
decide whether:
27
(i) the agency is satisfied, or no longer satisfied, that the
28
provider is fit and proper to be registered; or
29
(ii) the agency believes on reasonable grounds that the
30
provider is not fit and proper to be registered; or
31
Streamlining registration Schedule 1
No. , 2015
Education Services for Overseas Students Amendment (Streamlining
Regulation) Bill 2015
13
(b) the designated State authority for a provider or registered
1
provider that is an approved school provider to decide
2
whether the authority is satisfied that the provider is fit and
3
proper to be registered.
4
(2) In deciding the matter, the ESOS agency or designated State
5
authority must have regard to:
6
(a) whether the provider or a related person of the provider has
7
ever been convicted of an offence; and
8
(b) whether the registration of the provider or a related person of
9
the provider has ever been cancelled or suspended under this
10
Act or the old ESOS Act; and
11
(c) whether the provider or a related person of the provider has
12
ever been issued with an Immigration Minister's suspension
13
certificate; and
14
(d) whether a condition has ever been imposed under this Act on
15
the registration of the provider or a related person of the
16
provider; and
17
(e) whether the provider or a related person of the provider has
18
ever:
19
(i) become bankrupt; or
20
(ii) taken steps to take the benefit of any law for the relief of
21
bankrupt or insolvent debtors; or
22
(iii) compounded with one or more creditors of the provider
23
or person; or
24
(iv) made an assignment of the remuneration of the provider
25
or person for the benefit of one or more creditors of the
26
provider or person; and
27
(f) whether the provider or a related person of the provider has
28
ever been disqualified from managing corporations under
29
Part 2D.6 of the Corporations Act 2001; and
30
(g) whether the provider or a related person of the provider was
31
involved in the business of the provision of courses by
32
another provider who is covered by any of the above
33
paragraphs at the time of any of the events that gave rise to
34
the relevant conviction or other action; and
35
(h) any other relevant matter.
36
(3) A related person of a provider or registered provider is:
37
Schedule 1 Streamlining registration
14
Education Services for Overseas Students Amendment (Streamlining
Regulation) Bill 2015
No. , 2015
(a) an associate of the provider who has been, is or will be,
1
involved in the business of the provision of courses by the
2
provider; or
3
(b) a high managerial agent of the provider.
4
(4) Nothing in subsection (2) affects the operation of Part VIIC of the
5
Crimes Act 1914 (which deals with spent convictions).
6
7AA No duty imposed on designated State authorities
7
Nothing in this Act imposes a duty on a designated State authority.
8
31 Section 7B
9
Omit:
10
•
This Act and the national code impose obligations on
11
registered providers, such as notification, record keeping and
12
financial requirements.
13
substitute:
14
•
This Act, the national code, the ELICOS Standards and the
15
Foundation Program Standards impose obligations on
16
registered providers, including obligations relating to record
17
keeping and financial requirements.
18
32 Part 2 (heading)
19
Repeal the heading, substitute:
20
Part 2--Registration of providers
21
33 Section 8A (paragraphs relating to Divisions 3 and 4)
22
Repeal the paragraphs, substitute:
23
•
Division 3 provides for the registration of providers by the
24
ESOS agency for a provider. A provider may be registered
25
(for a period of up to 7 years) to provide one or more courses
26
at one or more locations to overseas students if the provider
27
Streamlining registration Schedule 1
No. , 2015
Education Services for Overseas Students Amendment (Streamlining
Regulation) Bill 2015
15
meets the registration requirements. Conditions may be
1
imposed on the registration of a provider and those conditions
2
may be varied or revoked.
3
•
Division 3 also provides for the renewal of registrations, the
4
addition of one or more courses at one or more locations to a
5
registered provider's registration and the extension or
6
continuation of registration periods in certain circumstances.
7
•
Division 4 requires the Secretary to cause a Register to be kept
8
that contains specified information about the registration of all
9
registered providers. The Secretary is also required to ensure
10
that the Register is kept up-to-date.
11
34 Division 3 of Part 2 (heading)
12
Repeal the heading, substitute:
13
Division 3--Registration of providers
14
35 Subdivision A of Division 3 of Part 2
15
Repeal the Subdivision, substitute:
16
Subdivision A--Application for registration
17
9 Provider may apply to be registered
18
(1) A provider may apply to be registered to provide a course or
19
courses at a location or locations to overseas students.
20
(2) The application must be made to the ESOS agency for the
21
provider.
22
Note:
See section 11A for further rules about applications.
23
10 ESOS agency for provider may register provider
24
(1) If a provider makes an application under section 9, the ESOS
25
agency for the provider may register the provider to provide a
26
course or courses at a location or locations if the provider meets the
27
registration requirements.
28
Schedule 1 Streamlining registration
16
Education Services for Overseas Students Amendment (Streamlining
Regulation) Bill 2015
No. , 2015
(2) The ESOS agency for the provider must use a risk management
1
approach when considering whether to register the provider.
2
10A Notice of registration
3
(1) If:
4
(a) a provider makes an application under section 9; and
5
(b) the ESOS agency for the provider decides to register the
6
provider;
7
the agency must, as soon as practicable after making the decision,
8
give the provider written notice of the registration.
9
(2) The notice must set out:
10
(a) the name of the provider; and
11
(b) if the provider is not an individual--the name of the principal
12
executive officer of the provider; and
13
(c) the name of the course or courses that the provider is
14
registered to provide; and
15
(d) the location or locations at which the provider is registered to
16
provide that course or those courses; and
17
(e) the period of registration (which must not be longer than 7
18
years); and
19
(f) any conditions imposed on the provider's registration under
20
section 10B at the time of registration and when any such
21
conditions take effect; and
22
(g) any other matters relating to the registration that the ESOS
23
agency for the provider considers appropriate.
24
(3) If the provider is an approved school provider, the ESOS agency
25
for the provider must, in determining the provider's period of
26
registration, have regard to the period of registration recommended
27
in the DSA assessment certificate given to the agency by the
28
designated State authority for the provider.
29
Subdivision B--Conditions of registration
30
10B Conditions of registration
31
(1) The ESOS agency for a provider or registered provider may at any
32
time:
33
Streamlining registration Schedule 1
No. , 2015
Education Services for Overseas Students Amendment (Streamlining
Regulation) Bill 2015
17
(a) impose a condition on the provider's registration; or
1
(b) vary or remove a condition of the provider's registration.
2
(2) The ESOS agency for the provider or registered provider must use
3
a risk management approach in deciding whether to impose, vary
4
or remove a condition.
5
(3) A condition may be:
6
(a) imposed generally on a provider's registration; or
7
(b) imposed in respect of either or both of the following:
8
(i) one or more of the courses that a provider is registered
9
to provide;
10
(ii) one or more of the locations at which a provider is
11
registered to provide a course.
12
(4) If the ESOS agency for a registered provider does either of the
13
following after the commencement of the provider's registration:
14
(a) imposes a condition on the provider's registration;
15
(b) varies or removes a condition of the provider's registration;
16
the agency must include in the notice of the decision given to the
17
provider under section 169AC a statement about when the
18
imposition, variation or removal takes effect.
19
Note:
Section 169AC requires the ESOS agency to give notice of certain
20
decisions.
21
10C Conditions imposed by designated State authorities on the
22
approval of school providers after registration
23
(1) If:
24
(a) a registered provider for a course for a location is an
25
approved school provider; and
26
(b) at any time while the provider is registered, the designated
27
State authority for the provider imposes a condition on the
28
authority's approval of the provider that relates to the
29
provision of the course;
30
the ESOS agency for the provider may impose that condition on
31
the provider's registration under section 10B.
32
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Education Services for Overseas Students Amendment (Streamlining
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(2) In deciding whether to impose the condition under section 10B, the
1
ESOS agency for the registered provider must have regard to any
2
advice of the designated State authority for the provider.
3
(3) This section does not limit section 10B.
4
Subdivision C--Renewal of registration
5
10D Registered provider may apply to renew registration
6
(1) A registered provider may apply to renew the provider's
7
registration to provide a course or courses at a location or locations
8
to overseas students.
9
(2) The application must be:
10
(a) made to the ESOS agency for the register provider; and
11
(b) made within the period determined under subsection (3).
12
Note:
See section 11A for further rules about applications.
13
(3) The ESOS agency for a registered provider may, by legislative
14
instrument, determine the period within which applications under
15
this section must be made.
16
10E ESOS agency for registered provider may renew registration
17
(1) If a registered provider makes an application under section 10D,
18
the ESOS agency for the provider may renew the provider's
19
registration to provide a course or courses at a location or locations
20
if the provider meets the registration requirements.
21
(2) The ESOS agency for the registered provider must use a risk
22
management approach when considering whether to renew the
23
registration of the provider.
24
10F Registration continues until decision on renewal takes effect
25
If:
26
(a) a registered provider makes an application under
27
section 10D; and
28
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19
(b) the ESOS agency for the provider has not made a decision on
1
the application before the end of the day on which the
2
provider's registration is due to expire;
3
the provider's registration continues until the agency's decision on
4
the application is stated to take effect.
5
10G Notice of renewal of registration
6
(1) If:
7
(a) a registered provider makes an application under
8
section 10D; and
9
(b) the ESOS agency for the provider decides to renew the
10
provider's registration;
11
the agency must, as soon as practicable after making the decision,
12
give the provider written notice of the renewal.
13
(2) The notice must set out:
14
(a) the name of the registered provider; and
15
(b) if the provider is not an individual--the name of the principal
16
executive officer of the provider; and
17
(c) the name of the course or courses that the provider is
18
registered to provide; and
19
(d) the location or locations at which the provider is registered to
20
provide that course or those courses; and
21
(e) the period of registration (which must not be longer than 7
22
years); and
23
(f) any conditions imposed on the provider's registration under
24
section 10B at the time of the renewal of the registration and
25
when any such conditions take effect; and
26
(g) any other matters relating to the renewal of the registration
27
that the ESOS agency for the provider considers appropriate.
28
(3) If the registered provider is an approved school provider, the ESOS
29
agency for the provider must, in determining the provider's period
30
of registration, have regard to the period of registration
31
recommended in the DSA assessment certificate given to the
32
agency by the designated State authority for the provider.
33
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Education Services for Overseas Students Amendment (Streamlining
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Subdivision D--Changes to registration etc.
1
10H Registered provider may apply to add one or more courses at
2
one or more locations to registration
3
(1) A registered provider may apply to add one or more courses at one
4
or more locations to the provider's registration.
5
(2) The application:
6
(a) must be made to the ESOS agency for the registered
7
provider; and
8
(b) if the provider is an approved school provider--must be
9
accompanied by a DSA recommendation certificate given by
10
the designated State authority for the provider.
11
Note:
See section 11A for further rules about applications.
12
10J ESOS agency for registered provider may add one or more
13
courses at one or more locations to registration
14
(1) If a registered provider makes an application under section 10H to
15
add one or more courses at one or more locations to the provider's
16
registration, the ESOS agency for the provider may add those
17
courses at those locations to the provider's registration if the
18
provider meets the registration requirements.
19
(2) The ESOS agency for the registered provider must use a risk
20
management approach when considering whether to add one or
21
more courses at one or more locations to the provider's
22
registration.
23
(3) If the ESOS agency for the registered provider decides to add one
24
or more courses at one or more locations to the provider's
25
registration, the addition does not affect the provider's period of
26
registration.
27
10K Notice of addition of one or more courses at one or more
28
locations to registration
29
(1) If:
30
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21
(a) a registered provider makes an application under
1
section 10H; and
2
(b) the ESOS agency for the provider decides to add one or more
3
courses at one or more locations to the provider's
4
registration;
5
the agency must, as soon as practicable after making the decision,
6
give the provider written notice of the decision.
7
(2) The notice must set out:
8
(a) the name of the additional course or courses that the provider
9
is registered to provide; and
10
(b) the additional location or locations at which the provider is
11
registered to provide that course or those courses; and
12
(c) any conditions imposed on the provider's registration under
13
section 10B at the time of the decision and when any such
14
conditions take effect; and
15
(d) any other matters relating to the decision that the ESOS
16
agency for the provider considers appropriate.
17
10L Extension of a registered provider's period of registration
18
(1) The ESOS agency for a registered provider that is a registered
19
higher education provider may extend the provider's period of
20
registration for the purpose of aligning the period with the
21
provider's period of registration under the TEQSA Act.
22
(2) The ESOS agency for a registered provider that is a registered VET
23
provider may extend the provider's period of registration for the
24
purpose of aligning the period with the provider's period of
25
registration under the NVETR Act.
26
(3) The ESOS agency for a registered provider that is an approved
27
school provider may extend the provider's period of registration
28
for the purpose of aligning the period with the provider's period of
29
approval as an approved school provider.
30
(4) The ESOS agency for a registered provider must not extend a
31
particular period of registration under subsection (1), (2) or (3)
32
more than once.
33
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Education Services for Overseas Students Amendment (Streamlining
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(5) The ESOS agency for a registered provider must use a risk
1
management approach when considering whether to extend the
2
provider's period of registration.
3
10M Continuation of registration if provider has not finished
4
providing course before expiry of registration
5
(1) This section applies if:
6
(a) a registered provider is registered to provide a course at a
7
location; and
8
(b) the provider's registration for the course at the location is due
9
to expire before the provider has finished providing the
10
course at the location; and
11
(c) the provider has not applied under section 10D to renew that
12
registration.
13
(2) The registered provider's registration for the course at the location
14
continues until:
15
(a) if the provider is an approved school provider--the end of
16
the year in which the provider's registration would have
17
expired but for this section; or
18
(b) otherwise--the provider has finished providing the course at
19
the location to the students who were enrolled in, and had
20
commenced, the course before the day on which the
21
provider's registration would have expired but for this
22
section.
23
(3) Despite subsection (2), the registered provider must not do
24
anything for the purpose of recruiting or enrolling overseas
25
students, or intending overseas students, for the course at the
26
location after the day on which the provider's registration would
27
have expired but for this section.
28
36 Subdivision B of Division 3 of Part 2 (heading)
29
Repeal the heading substitute:
30
Subdivision E--Other registration provisions
31
37 Sections 9AH and 9B
32
Repeal the sections, substitute:
33
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Education Services for Overseas Students Amendment (Streamlining
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23
11 When a provider or registered provider meets the registration
1
requirements
2
A provider or registered provider meets the registration
3
requirements if:
4
(a) the provider is:
5
(i) a resident; or
6
(ii) a Table C provider (within the meaning of the Higher
7
Education Support Act 2003); and
8
(b) the ESOS agency for the provider is satisfied that the
9
provider is complying, or will comply, with:
10
(i) this Act; and
11
(ii) the national code; and
12
(iii) if the ELICOS Standards or Foundation Program
13
Standards apply in relation to the provider--those
14
Standards; and
15
(c) if the provider is not an exempt provider--the ESOS agency
16
for the provider is satisfied that the provider is fit and proper
17
to be registered; and
18
(d) the ESOS agency for the provider is satisfied that the
19
provider has the principal purpose of providing education;
20
and
21
(e) the ESOS agency for the provider has no reason to believe
22
that:
23
(i) the provider does not have the clearly demonstrated
24
capacity to provide education of a satisfactory standard;
25
or
26
(ii) the provider has not been providing, or will not provide,
27
education of a satisfactory standard; and
28
(f) if the provider is an approved school provider--the
29
designated State authority for the provider has given the
30
ESOS agency for the provider a DSA assessment certificate;
31
and
32
(g) if the provider is not a registered provider--the provider has
33
paid:
34
(i) the first entry to market charge (if the provider is liable
35
to pay that charge); and
36
(ii) its first TPS levy; and
37
Schedule 1 Streamlining registration
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Education Services for Overseas Students Amendment (Streamlining
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(h) if the provider is a registered provider or has previously been
1
registered--the provider is not liable to pay an amount of:
2
(i) annual registration charge; or
3
(ii) the second entry to market charge; or
4
(iii) the third entry to market charge; or
5
(iv) TPS levy; or
6
(v) late payment penalty for any such charge or levy; and
7
(i) any other requirements prescribed by the regulations are
8
satisfied.
9
Note 1:
For when a registered higher education provider has the principal
10
purpose of providing education, see section 5A.
11
Note 2:
For when a provider is liable to pay the entry to market charges, see
12
section 6 of the Education Services for Overseas Students
13
(Registration Charges) Act 1997.
14
11A Rules relating to applications for registration etc.
15
(1) This section applies in relation to:
16
(a) an application made to the ESOS agency for a provider under
17
section 9; and
18
(b) an application made to the ESOS agency for a registered
19
provider under section 10D or 10H.
20
Form of application etc.
21
(2) The application must be:
22
(a) made in the form approved, in writing, by the ESOS agency
23
for the provider or registered provider; and
24
(b) accompanied by any information and documents required by
25
the agency.
26
Withdrawal of application
27
(3) The provider or registered provider may withdraw the application
28
at any time before a decision is made on the application by giving
29
written notice to the ESOS agency for the provider.
30
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Education Services for Overseas Students Amendment (Streamlining
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25
Consideration of application
1
(4) When considering the application, the ESOS agency for the
2
provider or registered provider may:
3
(a) consider any information in the possession of the agency that
4
is relevant to the application; and
5
(b) conduct an audit of any matter relating to the application.
6
(5) Subsection (4) does not limit the things that the ESOS agency for
7
the provider or registered provider may do when considering the
8
application.
9
11B ESOS agency may request further information or documents
10
(1) This section applies in relation to:
11
(a) an application made to the ESOS agency for a provider under
12
section 9; and
13
(b) an application made to the ESOS agency for a registered
14
provider under section 10D or 10H.
15
(2) If the ESOS agency for the provider or registered provider needs
16
further information or documents to decide the application, the
17
agency may request any or all of the following to give the agency
18
the further information or documents:
19
(a) the provider;
20
(b) if the provider is an approved school provider--the
21
designated State authority for the provider;
22
(c) another ESOS agency.
23
(3) The request:
24
(a) must be made in writing; and
25
(b) must specify the period within which the further information
26
or documents are to be given (which must be at least 14 days
27
after the request is made); and
28
(c) contain a statement setting out the effect of subsection (4).
29
(4) The ESOS agency for the provider or registered provider may
30
decline to consider, or further consider, the application until the
31
further information or documents are given.
32
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11C Copies of decision notices to be given by the ESOS agency
1
Notice of registration etc.
2
(1) If the ESOS agency for a provider or registered provider gives the
3
provider a notice under section 10A, 10G or 10K, the agency must
4
give a copy of the notice to:
5
(a) if the provider is an approved school provider--the
6
designated State authority for the provider; and
7
(b) if the ESOS agency for the provider is not the Secretary--the
8
Secretary.
9
Notice of refusal to register an approved school provider
10
(2) If the ESOS agency for a provider that is an approved school
11
provider refuses to register the provider under section 10, the
12
agency must give a copy of the notice of the decision given to the
13
provider under section 169AC to the designated State authority for
14
the provider.
15
Notice of registration conditions etc.
16
(3) If the ESOS agency for a registered provider:
17
(a) imposes a condition on, or varies or removes a condition of,
18
the provider's registration under section 10B after the
19
commencement of the registration; or
20
(b) refuses to renew the provider's registration under
21
section 10E; or
22
(c) refuses to add one or more courses at one or more locations
23
to the provider's registration under section 10J; or
24
(d) extends the provider's period of registration under
25
section 10L;
26
the agency must give a copy of the notice of the decision given to
27
the provider under section 169AC to:
28
(e) if the provider is an approved school provider--the
29
designated State authority for the provider; and
30
(f) if the ESOS agency for the provider is not the Secretary--the
31
Secretary.
32
Note:
Section 169AC requires the ESOS agency to give notice of certain
33
decisions.
34
Streamlining registration Schedule 1
No. , 2015
Education Services for Overseas Students Amendment (Streamlining
Regulation) Bill 2015
27
38 Subsection 12(1) (note 1)
1
Repeal the note, substitute:
2
Note 1:
A provider is liable to pay 3 entry to market charges under section 6 of
3
the Education Services for Overseas Students (Registration Charges)
4
Act 1997. A provider must pay the first entry to market charge before
5
the provider can be registered: see subparagraph 11(g)(i) of this Act.
6
39 Paragraph 12(2)(a)
7
Omit "Secretary registers the provider under section 9AB", substitute
8
"provider is registered".
9
40 Paragraph 12(2)(b)
10
After "second", insert "entry to market charge".
11
41 Subsection 13(1)
12
Omit "Secretary registers the provider under section 9AB", substitute
13
"provider is registered".
14
42 Section 14
15
Repeal the section, substitute:
16
14 Notifying designated State authorities for approved school
17
providers of non-compliance with this Act etc.
18
(1) This section applies if:
19
(a) an approved school provider applies for registration under
20
section 9; and
21
(b) the ESOS agency for the provider has information suggesting
22
that:
23
(i) the provider is not complying, or will not comply, with
24
this Act or the national code; or
25
(ii) if the ELICOS Standards or Foundation Program
26
Standards apply in relation to the provider--the
27
provider is not complying, or will not comply, with
28
those Standards; or
29
(iii) the provider does not have the principal purpose of
30
providing education; or
31
Schedule 1 Streamlining registration
28
Education Services for Overseas Students Amendment (Streamlining
Regulation) Bill 2015
No. , 2015
(iv) the provider does not have the clearly demonstrated
1
capacity to provide education of a satisfactory standard;
2
or
3
(v) the provider has not been providing, or will not provide,
4
education of a satisfactory standard; and
5
(c) the source of the information is not the designated State
6
authority for the provider.
7
(2) Before deciding the application for registration, the ESOS agency
8
must:
9
(a) give the information to the designated State authority; and
10
(b) allow the authority at least 7 days to respond, in writing, to
11
the information.
12
43 Paragraph 14A(4)(f)
13
Repeal the paragraph.
14
44 Paragraph 14A(4)(h)
15
Repeal the paragraph, substitute:
16
(h) any conditions of the provider's registration and when any
17
such conditions take effect;
18
45 Subsection 14A(6)
19
Repeal the subsection.
20
46 Section 15 (note)
21
Repeal the note, substitute:
22
Note:
If a registered provider breaches this section, the ESOS agency for the
23
provider may take action under Division 1 of Part 6 against the
24
provider.
25
47 Section 16 (note)
26
Repeal the note, substitute:
27
Note:
If a registered provider breaches this section, the ESOS agency for the
28
provider may take action under Division 1 of Part 6 against the
29
provider.
30
Streamlining registration Schedule 1
No. , 2015
Education Services for Overseas Students Amendment (Streamlining
Regulation) Bill 2015
29
48 Section 17 (heading)
1
Repeal the heading, substitute:
2
17 Registered providers must notify their ESOS agency of offences
3
etc. by associates and high managerial agents
4
49 Subsection 17(1)
5
Omit "Secretary", substitute "ESOS agency for the provider".
6
50 Subsection 17(1) (note)
7
Repeal the note, substitute:
8
Note:
If a registered provider breaches this section, the ESOS agency for the
9
provider may take action under Division 1 of Part 6 against the
10
provider.
11
51 Subsection 18(1A) (note)
12
Repeal the note, substitute:
13
Note:
If a registered provider breaches this section, the ESOS agency for the
14
provider may take action under Division 1 of Part 6 against the
15
provider.
16
52 Subsections 19(1) and (2)
17
Omit "the Secretary".
18
53 Subsection 19(3)
19
Repeal the subsection, substitute:
20
(3) A registered provider must give the information required by this
21
section by entering the information in the computer system
22
established by the Secretary under section 109.
23
Note 1:
If a registered provider breaches this section, the ESOS agency for the
24
provider may take action under Division 1 of Part 6 against the
25
provider.
26
Note 2:
It is an offence to provide false or misleading information in
27
complying or purporting to comply with this section: see section 108.
28
54 Subsection 19(4)
29
Omit "the Secretary".
30
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Education Services for Overseas Students Amendment (Streamlining
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55 Subsection 20(1) (note 1)
1
Repeal the note, substitute:
2
Note 1:
If a registered provider breaches this section, the ESOS agency for the
3
provider may take action under Division 1 of Part 6 against the
4
provider.
5
56 Paragraph 21(2B)(a)
6
Omit "an approved unit", substitute "a unit".
7
57 Subsection 21(3) (note)
8
Repeal the note, substitute:
9
Note:
If a registered provider breaches this section, the ESOS agency for the
10
provider may take action under Division 1 of Part 6 against the
11
provider.
12
58 Subsection 21(7)
13
Repeal the subsection.
14
59 Subsection 21A(1) (note)
15
Repeal the note, substitute:
16
Note:
If a registered provider breaches this section, the ESOS agency for the
17
provider may take action under Division 1 of Part 6 against the
18
provider.
19
60 Subsection 24(2) (note)
20
Repeal the note, substitute:
21
Note:
If a registered provider breaches this section, the ESOS agency for the
22
provider may take action under Division 1 of Part 6 against the
23
provider.
24
61 Subsection 26(3) (note 1)
25
Repeal the note, substitute:
26
Note 1:
If a registered provider breaches this section, the ESOS agency for the
27
provider may take action under Division 1 of Part 6 against the
28
provider.
29
62 Section 33A
30
Omit:
31
Streamlining registration Schedule 1
No. , 2015
Education Services for Overseas Students Amendment (Streamlining
Regulation) Bill 2015
31
•
Designated authorities investigate breaches of the code.
1
63 Section 40 (note)
2
Omit "section 9AB", substitute "section 11".
3
64 Section 43
4
Repeal the section.
5
65 Subsection 46A(4)
6
Omit "Minister", substitute "ESOS agency for the provider".
7
66 Subsection 46A(5)
8
Omit "Minister", substitute "ESOS agency for the registered provider".
9
67 Paragraph 46A(5)(b)
10
Repeal the paragraph, substitute:
11
(b) any advice provided by another ESOS agency; and
12
(c) if the provider is an approved school provider--any advice of
13
the State designated authority for the provider.
14
68 Subsection 46B(1) (note)
15
Repeal the note, substitute:
16
Note:
If a registered provider breaches this section, the ESOS agency for the
17
provider may take action under Division 1 of Part 6 against the
18
provider.
19
69 Subsection 46B(2) (heading)
20
Repeal the heading, substitute:
21
Notifying the ESOS agency and TPS Director
22
70 Subsection 46B(2)
23
Omit "Secretary", substitute "ESOS agency for the provider".
24
71 Section 46C
25
Repeal the section.
26
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Education Services for Overseas Students Amendment (Streamlining
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72 Subsection 46F(1) (note)
1
Repeal the note, substitute:
2
Note:
If a registered provider breaches this section, the ESOS agency for the
3
provider may take action under Division 1 of Part 6 against the
4
provider.
5
73 Subsection 46F(2)
6
Omit "Secretary", substitute "ESOS agency for the provider".
7
74 Subsection 47H(1) (note)
8
Repeal the note, substitute:
9
Note:
If a registered provider breaches this section, the ESOS agency for the
10
provider may take action under Division 1 of Part 6 against the
11
provider.
12
75 Subsection 47H(2)
13
Omit "Secretary", substitute "ESOS agency for the provider".
14
76 Subsection 53B(1) (note 1)
15
Repeal the note, substitute:
16
Note:
There is no particular due date for unregistered providers but they
17
cannot be registered until they have paid their first TPS levy: see
18
subparagraph 11(g)(ii).
19
77 Section 53C (heading)
20
Repeal the heading, substitute:
21
53C Notifying the ESOS agency of payment of first TPS levy
22
78 Subsection 53C(1)
23
Repeal the subsection, substitute:
24
(1) If a provider who is not yet registered has paid its first TPS levy,
25
the TPS Director must notify the ESOS agency for the provider of
26
the payment.
27
Note:
The ESOS agency needs to know when the first TPS levy has been
28
paid so that the provider can be registered: see subparagraph 11(g)(ii).
29
Streamlining registration Schedule 1
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Education Services for Overseas Students Amendment (Streamlining
Regulation) Bill 2015
33
79 Subsection 53C(3)
1
Repeal the subsection.
2
80 Subsection 53D(3)
3
Omit "Secretary if the registered", substitute "ESOS agency for the
4
registered provider if the".
5
81 Section 83A
6
Omit:
7
•
Compliance with this Act, the national code and any
8
conditions on a provider's registration is enforced under this
9
Part.
10
substitute:
11
•
Action may be taken under this Part in certain circumstances
12
including if a registered provider is not complying with this
13
Act, the national code, the ELICOS Standards, the Foundation
14
Program Standards or a condition of the provider's
15
registration.
16
82 Section 83A (paragraph relating to Division 1)
17
Omit "Minister", substitute "ESOS agency for a registered provider".
18
83 Section 83A (paragraph relating to Division 4)
19
Repeal the paragraph, substitute:
20
•
The ESOS agency for a registered provider may accept a
21
written undertaking under Division 4 relating to the provider's
22
compliance with a provision of this Act, the national code, the
23
ELICOS Standards, the Foundation Program Standards or a
24
condition of the provider's registration. The ESOS agency
25
may apply to a court to enforce the undertaking.
26
84 Section 83 (heading)
27
Repeal the heading, substitute:
28
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83 ESOS agency may impose sanctions for non-compliance etc.
1
85 Subsection 83(1)
2
Repeal the subsection, substitute:
3
Circumstances in which ESOS agency may take action
4
(1) The ESOS agency for a registered provider may take one or more
5
of the actions mentioned in subsection (3) against the provider if
6
the agency believes on reasonable grounds that the provider, or an
7
associate or high managerial agent of the provider, is breaching or
8
has breached:
9
(a) this Act; or
10
(b) the national code; or
11
(c) if the ELICOS Standards or Foundation Program Standards
12
apply in relation to the provider--those Standards; or
13
(d) a condition of the provider's registration.
14
Note:
Section 93 sets out the procedure for taking the action.
15
86 Subsection 83(1A)
16
Omit "The Minister", substitute "The ESOS agency for a registered
17
provider".
18
87 Subsection 83(1A)
19
Omit "a registered provider if the Minister", substitute "the provider if
20
the agency".
21
88 Subsection 83(1B)
22
Omit "The Minister", substitute "The ESOS agency for a registered
23
provider".
24
89 Subsection 83(1B)
25
Omit "a registered provider (other than a provider covered by
26
subsection 9B(1)) if the Minister", substitute "the provider (other than
27
an exempt provider) if the agency".
28
90 Subsection 83(1B) (note 2)
29
Repeal the note, substitute:
30
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35
Note 2:
The ESOS agency must have regard to the matters referred to in
1
subsection 7A(2) in deciding whether it believes on reasonable
2
grounds that the provider is not fit and proper to be registered.
3
91 Subsection 83(1C)
4
Omit "The Minister", substitute "The ESOS agency for a registered
5
provider".
6
92 Subsection 83(1C)
7
Omit "a registered provider if the Minister", substitute "the registered
8
provider if the agency".
9
93 Paragraph 83(1C)(b)
10
Repeal the paragraph, substitute:
11
(b) does not have the clearly demonstrated capacity to provide
12
education of a satisfactory standard; or
13
(c) has not been providing, or has not provided, education of a
14
satisfactory standard.
15
94 Subsection 83(1C) (note 2)
16
Before "higher", insert "registered".
17
95 Subsection 83(2)
18
Omit "The Minister", substitute "The ESOS agency for a registered
19
provider".
20
96 Subsection 83(2)
21
Omit "a registered provider for a course if the Minister", substitute "the
22
registered provider for a course if the agency".
23
97 After subsection 83(2)
24
Insert:
25
(2A) The ESOS agency for a registered provider may also take one or
26
more of those actions against the provider if:
27
(a) the provider is a registered higher education provider; and
28
(b) the provider is registered under Part 2 of this Act to provide a
29
course at one or more locations; and
30
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(c) the course is an accredited course (within the meaning of the
1
TEQSA Act) in relation to the provider; and
2
(d) either:
3
(i) the provider ceases to be a registered higher education
4
provider in relation to the course; or
5
(ii) the course ceases to be an accredited course (within the
6
meaning of that Act) in relation to the provider.
7
Note:
Section 93 (which is about the procedure for action) does not apply in
8
relation to this subsection.
9
(2B) The ESOS agency for a registered provider may also take one or
10
more of those actions against the provider if:
11
(a) the provider is a registered VET provider; and
12
(b) the provider is registered under Part 2 of this Act to provide a
13
course at one or more locations; and
14
(c) the course is a VET accredited course (within the meaning of
15
the NVETR Act) in relation to the provider; and
16
(d) either:
17
(i) the provider ceases to be a registered VET provider in
18
relation to the course; or
19
(ii) the course ceases to be a VET accredited course (within
20
the meaning of that Act) in relation to the provider.
21
Note:
Section 93 (which is about the procedure for action) does not apply in
22
relation to this subsection.
23
(2C) The ESOS agency for a registered provider may also take one or
24
more of those actions against the provider if:
25
(a) the provider is an approved school provider in relation to a
26
State; and
27
(b) the provider is registered to provide a course at one or more
28
locations in the State; and
29
(c) the provider ceases to be an approved school provider in
30
relation to the provision of the course at those locations in the
31
State.
32
Note:
Section 93 (which is about the procedure for action) does not apply in
33
relation to this subsection.
34
98 Subsection 83(3) (heading)
35
Repeal the heading, substitute:
36
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Actions the ESOS agency may take
1
99 Subsection 83(4)
2
Omit "The Minister", substitute "The ESOS agency for a registered
3
provider".
4
100 Subsection 83(4)
5
Omit "a registered", substitute "the".
6
101 Subsection 83(4)
7
Omit "the Minister", substitute "the agency".
8
102 Section 84
9
Repeal the section, substitute:
10
84 ESOS agency may take further action
11
The ESOS agency for a registered provider may take action under
12
section 83 even if other action has already been taken under that
13
section in relation to the same matter.
14
103 Section 85 (heading)
15
Repeal the heading, substitute:
16
85 ESOS agency may take action for breaches occurring before
17
provider was registered
18
104 Section 85
19
Omit "Minister may take action against a registered provider",
20
substitute "ESOS agency for a registered provider may take action
21
against the provider".
22
105 Subsections 86(1) and (2)
23
Omit "Minister", substitute "ESOS agency for a registered provider".
24
106 At the end of Subdivision A of Division 1 of Part 6
25
Add:
26
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87 Breaches of this Act etc. by approved school providers
1
(1) This section applies if:
2
(a) a registered provider is an approved school provider; and
3
(b) the ESOS agency for the provider has information suggesting
4
that the provider may have breached:
5
(i) this Act; or
6
(ii) the national code; or
7
(iii) if the ELICOS Standards or Foundation Program
8
Standards apply in relation to the provider--those
9
Standards; and
10
(c) the source of the information is not the designated State
11
authority for the provider.
12
(2) Before the ESOS agency takes any action under this Act in relation
13
to the possible breach, the agency:
14
(a) must notify the designated State authority of the possible
15
breach; and
16
(b) may request the authority to investigate the matter or take
17
any other suitable action.
18
(3) Despite subsection (2), the ESOS agency may take any action
19
under this Act in relation to the possible breach if, in the agency's
20
opinion, the circumstances of the possible breach require urgent
21
action.
22
107 Sections 89 and 89A
23
Repeal the sections, substitute:
24
89 Automatic suspension if registered provider is no longer fit and
25
proper
26
ESOS agency no longer satisfied registered provider is fit and
27
proper
28
(1) If the ESOS agency for a registered provider (other than an exempt
29
provider) is no longer satisfied that the provider is fit and proper to
30
be registered, the registration of the provider is suspended for all
31
courses for all locations by force of this subsection.
32
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39
Note:
Section 95 sets out the effect of the suspension.
1
Designated State authority no longer satisfied that registered
2
provider is fit and proper
3
(2) If:
4
(a) a registered provider (other than an exempt provider) is an
5
approved school provider in relation to a State; and
6
(b) the designated State authority for the provider tells the ESOS
7
agency for the provider that the authority is no longer
8
satisfied that the provider is fit and proper to be registered;
9
the registration of the provider is suspended for all courses for all
10
locations in the State by force of this subsection.
11
Note:
Section 95 sets out the effect of the suspension.
12
Notification of suspension
13
(3) If the registration of a provider has been suspended by force of
14
subsection (1) or (2), the ESOS agency for the provider must, in
15
writing, notify the following of the suspension:
16
(a) the provider;
17
(b) if the ESOS agency considers it is appropriate to inform
18
another ESOS agency for a provider of the suspension--the
19
other ESOS agency.
20
Removal of suspension
21
(4) If:
22
(a) the registration of a provider has been suspended by force of
23
subsection (1) or (2); and
24
(b) either:
25
(i) in the case of a suspension by force of subsection (1)--
26
the ESOS agency for the provider becomes satisfied that
27
the provider is fit and proper to be registered again; or
28
(ii) in the case of a suspension by force of subsection (2)--
29
the designated State authority for the provider tells the
30
ESOS agency for the provider that the authority has
31
become satisfied that the provider is fit and proper to be
32
registered again;
33
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the agency may give the provider a notice that sets out the effect of
1
subsection (5).
2
(5) If the ESOS agency for a provider gives the provider a notice under
3
subsection (4), the suspension of the provider's registration is
4
removed by force of this subsection when the provider has paid the
5
associated reinstatement fee.
6
Note 1:
The ESOS agency and designated State authority must have regard to
7
the matters referred to in subsection 7A(2) in deciding whether they
8
are satisfied that the provider is fit and proper to be registered.
9
Note 2:
For the amount of the associated reinstatement fee, see section 171.
10
108 Section 91
11
Repeal the section.
12
109 Section 93
13
Repeal the section, substitute:
14
93 Procedure for taking action etc.
15
(1) This section applies if:
16
(a) both of the following apply:
17
(i) the ESOS agency for a provider or registered provider is
18
considering imposing a condition on, or varying a
19
condition of, the provider's registration under
20
section 10B;
21
(ii) if the provider is an approved school provider--the
22
condition is not a condition recommended in a DSA
23
assessment certificate, or DSA recommendation
24
certificate, given to the agency by the designated State
25
authority for the provider; or
26
(b) the ESOS agency for a registered provider is considering
27
taking action under Subdivision A of this Division (other
28
than subsection 83(2A), (2B) or (2C)); or
29
(c) the ESOS agency for a provider is considering not giving the
30
provider a notice under subsection 89(4).
31
(2) Before the ESOS agency for the provider or registered provider
32
decides to do the thing referred to in paragraph (1)(a), (b) or (c),
33
the agency must give the provider a written notice that:
34
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41
(a) states that the agency is considering doing that thing; and
1
(b) requests the provider to give the agency written submissions
2
about the matter within at least the period referred to in
3
subsection (3).
4
(3) The period is:
5
(a) if paragraph (1)(a) applies--72 hours; or
6
(b) if paragraph (1)(b) applies:
7
(i) if the agency is of the opinion that the circumstances
8
require urgent action--24 hours; or
9
(ii) otherwise--72 hours; or
10
(c) if paragraph (1)(c) applies--7 days.
11
(4) If, after considering any submissions received within the period
12
mentioned in paragraph (2)(b), the ESOS agency for the provider
13
or registered provider considers that the agency should decide to do
14
the thing referred to in paragraph (1)(a), (b) or (c), the agency:
15
(a) may so decide; and
16
(b) must give the provider written notice of the decision.
17
110 Section 94 (heading)
18
Repeal the heading, substitute:
19
94 ESOS agency may remove condition of registration or suspension
20
of registration
21
111 Subsection 94(1)
22
Omit "Minister", substitute "ESOS agency for the provider".
23
112 Subsection 94(2)
24
Omit "Minister has given a provider", substitute "ESOS agency for a
25
provider has given the provider".
26
113 Subsection 94(3)
27
Omit "Minister", substitute "ESOS agency for the provider".
28
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114 Subsection 94(4)
1
Omit "Minister has given a provider", substitute "ESOS agency for a
2
provider has given the provider".
3
115 Subsection 95(3)
4
Omit "Minister may give to a provider whose registration is
5
suspended", substitute "ESOS agency for a provider whose registration
6
is suspended may give the provider".
7
116 Subsection 106(1)
8
Omit "Minister to give a registered provider", substitute "ESOS agency
9
for a registered provider to give the provider".
10
117 Subsection 109(1)
11
After "established", insert "by the Secretary".
12
118 Subsection 109(1)
13
Omit "to the Secretary".
14
119 Subsection 110A(1)
15
Repeal the subsection, substitute:
16
(1) The ESOS agency for a registered provider may accept a written
17
undertaking given by the provider that:
18
(a) the provider will take, or refrain from taking, specified action
19
in order for the provider to comply with:
20
(i) a provision of this Act; or
21
(ii) the national code; or
22
(iii) if the ELICOS Standards or Foundation Program
23
Standards apply in relation to the provider--those
24
Standards; or
25
(iv) a condition of the provider's registration; or
26
(b) the provider will take specified action directed towards
27
ensuring that in the future the provider does not, or is
28
unlikely to, contravene:
29
(i) a provision of this Act; or
30
(ii) the national code; or
31
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43
(iii) if the ELICOS Standards or Foundation Program
1
Standards apply in relation to the provider--those
2
Standards; or
3
(iv) a condition of the provider's registration.
4
120 Subsections 110A(2), (3) and (4)
5
Omit "Secretary", substitute "ESOS agency for the provider".
6
121 Subsection 110B(1)
7
Omit "The Secretary", substitute "The ESOS agency for a registered
8
provider".
9
122 Paragraph 110B(1)(a)
10
Omit "a registered provider", substitute "the provider".
11
123 Paragraph 110B(1)(c)
12
Omit "Secretary", substitute "ESOS agency".
13
124 Section 111A
14
Omit:
15
•
Registered providers' compliance with this Act and the
16
national code is monitored under this Part.
17
substitute:
18
•
This Part provides for the monitoring of registered providers'
19
compliance with this Act, the national code, the ELICOS
20
Standards or the Foundation Program Standards.
21
125 Section 111A (paragraph relating to Division 2)
22
Omit "Secretary", substitute "ESOS agency for a registered provider".
23
126 Section 111A (paragraphs relating to Divisions 3 and 4)
24
Repeal the paragraphs, substitute:
25
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Education Services for Overseas Students Amendment (Streamlining
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•
An authorised officer of the ESOS agency for a registered
1
provider may apply for a monitoring warrant under
2
Division 3. A monitoring warrant allows the authorised officer
3
to enter and search the premises of the registered provider. If
4
the authorised officer finds evidential material on the
5
premises, the officer may secure the material until a search
6
warrant can be obtained.
7
•
Alternatively, an authorised officer of the ESOS agency for a
8
registered provider may apply for a search warrant under
9
Division 4. As well as allowing the authorised officer to enter
10
and search the premises of the registered provider, the officer
11
may also seize things under a search warrant.
12
127 Subsection 113(1)
13
Omit "Secretary reasonably believes that an individual specified in
14
subsection (4)", substitute "ESOS agency for a registered provider
15
reasonably believes that a relevant individual of the provider".
16
128 Subsection 113(2)
17
Omit "Secretary may give the", substitute "ESOS agency may give the
18
relevant".
19
129 Paragraphs 113(2)(a), (b) and (c)
20
Omit "employee", substitute "officer of the agency".
21
130 Subsection 113(2) (note)
22
Omit "Secretary may also give the", substitute "ESOS agency may also
23
give the relevant".
24
131 Subsection 113(4)
25
Repeal the subsection.
26
132 Subsection 115(1)
27
Omit "Secretary must give a production notice to an individual",
28
substitute "ESOS agency for a registered provider must give a
29
production notice under section 113 to a relevant individual of the
30
provider".
31
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45
133 Subparagraph 115(1)(b)(i)
1
Omit "Secretary", substitute "ESOS agency".
2
134 Paragraph 115(1)(c)
3
Omit "Secretary", substitute "ESOS agency".
4
135 Subsection 115(2)
5
Omit "Secretary", substitute "ESOS agency".
6
136 Subsection 116(1)
7
Omit "Secretary reasonably believes that an individual specified in
8
subsection (3)", substitute "ESOS agency for a registered provider
9
reasonably believes that a relevant individual of the provider".
10
137 Subsection 116(2)
11
Omit "Secretary may give the", substitute "ESOS agency may give the
12
relevant".
13
138 Subsection 116(2)
14
Omit "employee", substitute "officer of the agency".
15
139 Subsection 116(2) (note)
16
Omit "Secretary may also give the", substitute "ESOS agency may also
17
give the relevant".
18
140 Subsection 116(3)
19
Repeal the subsection.
20
141 Subsection 117(1)
21
After "attendance notice", insert "given to a relevant individual of a
22
registered provider".
23
142 Subsection 117(2)
24
Omit "individual", substitute "relevant individual of a registered
25
provider".
26
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Education Services for Overseas Students Amendment (Streamlining
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143 Subsection 122(1)
1
Omit "employee", substitute "officer of the ESOS agency for a
2
registered provider".
3
144 Subsection 122(1)
4
After "notice", insert "given by the agency".
5
145 Subsection 124(1)
6
Omit "An authorised employee", substitute "An authorised officer of
7
the ESOS agency for a registered provider".
8
146 Subsection 124(1)
9
Omit "employee's", substitute "officer's".
10
147 Paragraphs 124(1)(a) and (c)
11
Omit "employee", substitute "officer".
12
148 Subsection 124(2)
13
Repeal the subsection, substitute:
14
(2) This subsection covers a person if the person is an employee of the
15
same ESOS agency as the authorised officer.
16
149 Section 125 (heading)
17
Repeal the heading, substitute:
18
125 Retaining of documents by authorised officer etc.
19
150 Subsection 125(1)
20
Omit "An authorised employee", substitute "An authorised officer of
21
the ESOS agency for a registered provider".
22
151 Subsection 125(1)
23
Omit "employee's", substitute "officer's".
24
152 Subsection 125(1)
25
Omit "employee under", substitute "officer under".
26
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153 Subsection 125(2)
1
Omit "employee", substitute "officer".
2
154 Subsection 125(2) (note)
3
Omit "employee", substitute "officer".
4
155 Subsection 125(3)
5
Repeal the subsection, substitute:
6
(3) This subsection covers a person if the person is an employee of the
7
same ESOS agency as the authorised officer.
8
156 Subsection 126(1)
9
Omit "An employee retaining", substitute "A person who retains".
10
157 Subsection 126(3)
11
Omit "employee", substitute "person retaining the document".
12
158 Section 128 (heading)
13
Repeal the heading, substitute:
14
128 Authorised officer etc. may apply to retain document for a
15
further period
16
159 Subsection 128(1)
17
Repeal the subsection, substitute:
18
(1) An authorised officer of the ESOS agency for a registered provider
19
given a document under this Division, or another person (the
20
permitted person) who is retaining such a document under
21
section 125, may apply to a magistrate or tribunal member for an
22
order that the officer or permitted person may retain the document
23
for a further period.
24
160 Paragraph 128(2)(a)
25
Omit "employee", substitute "officer".
26
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161 Subsection 128(3) (heading)
1
Repeal the heading, substitute:
2
Persons affected by notice to be notified if practicable
3
162 Subsection 128(3)
4
Omit "employee" (wherever occurring), substitute "officer or permitted
5
person".
6
163 Section 129
7
Omit "employee" (wherever occurring), substitute "person".
8
164 Section 130 (heading)
9
Repeal the heading, substitute:
10
130 Authorised officer may enter premises for a monitoring purpose
11
165 Subsection 130(1)
12
Omit "employee", substitute "officer of the ESOS agency for a
13
registered provider".
14
166 Subparagraph 130(1)(a)(i)
15
Omit "a registered provider", substitute "the provider".
16
167 Subsection 130(2)
17
Omit "An authorised employee", substitute "The authorised officer".
18
168 Paragraph 130(2)(a)
19
Omit "employee", substitute "officer".
20
169 Section 131 (heading)
21
Repeal the heading, substitute:
22
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49
131 Monitoring powers of authorised officers
1
170 Subsection 131(1)
2
Omit "an authorised employee", insert "an authorised officer of the
3
ESOS agency for a registered provider".
4
171 Paragraph 131(1)(g)
5
Omit "employee", substitute "officer".
6
172 Subparagraphs 131(1)(h)(i), (ii) and (iii)
7
Omit "employee", substitute "officer".
8
173 Subsection 131(5)
9
Omit "an authorised employee", substitute "the authorised officer".
10
174 Section 132 (heading)
11
Repeal the heading, substitute:
12
132 Authorised officer on premises with consent may ask questions
13
175 Section 132
14
Omit "An authorised employee", substitute "An authorised officer of
15
the ESOS agency for a registered provider".
16
176 Subparagraph 132(a)(ii)
17
Omit "employee any document requested by the employee", substitute
18
"officer any document requested by the officer".
19
177 Section 133 (heading)
20
Repeal the heading, substitute:
21
133 Authorised officer on premises under warrant may ask
22
questions
23
178 Section 133
24
Omit "An authorised employee", substitute "An authorised officer of
25
the ESOS agency for a registered provider".
26
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179 Subparagraph 133(a)(ii)
1
Omit "employee any document requested by the employee", substitute
2
"authorised officer any document requested by the officer".
3
180 Subsection 134(1)
4
Omit "employee", substitute "authorised officer".
5
181 Section 135
6
Omit "employee", substitute "authorised officer".
7
182 Subsection 136(1)
8
Omit "authorised employee", substitute "authorised officer of the ESOS
9
agency for a registered provider".
10
183 Subsection 136(1)
11
Omit "employee may", substitute "authorised officer may".
12
184 Section 137 (heading)
13
Repeal the heading, substitute:
14
137 Authorised officer may apply for a monitoring warrant
15
185 Subsection 137(1)
16
Omit "authorised employee", substitute "authorised officer of the ESOS
17
agency for a registered provider".
18
186 Subsection 137(2)
19
Omit "employee", substitute "authorised officer".
20
187 Section 138
21
Omit "employees", substitute "officers of the ESOS agency for a
22
registered provider".
23
188 Subsection 139(1)
24
Omit "employee", substitute "officer of the ESOS agency for a
25
registered provider".
26
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189 Subsection 139(3)
1
Omit "employee", substitute "authorised officer".
2
190 Paragraph 140(1)(a)
3
Omit "employees", substitute "officers of the ESOS agency for a
4
registered provider".
5
191 Subsection 140(2)
6
Omit "employees", substitute "officers".
7
192 Section 141 (heading)
8
Repeal the heading, substitute:
9
141 Authorised officer may enter premises to look for evidential
10
material
11
193 Subsection 141(1)
12
Omit "employee", substitute "officer of the ESOS agency for a
13
registered provider".
14
194 Subsection 141(2)
15
Omit "employee" (wherever occurring), substitute "officer".
16
195 Subsection 141(3)
17
Omit "an authorised employee", substitute "the authorised officer".
18
196 Paragraph 141(3)(a)
19
Omit "employee", substitute "officer".
20
197 Section 142 (heading)
21
Repeal the heading, substitute:
22
142 Search powers of authorised officers
23
198 Subsection 142(1)
24
Omit "employee", substitute "officer of the ESOS agency for a
25
registered provider".
26
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199 Paragraph 142(1)(f)
1
Omit "employee", substitute "officer".
2
200 Subsection 142(5)
3
Omit "An authorised employee", substitute "The authorised officer".
4
201 Subsection 142(6)
5
Omit "An authorised employee", substitute "The authorised officer".
6
202 Subsection 142(6)
7
Omit "the employee", substitute "the officer".
8
203 Subsection 142(7)
9
Omit "an authorised employee", substitute "the authorised officer".
10
204 Section 143 (heading)
11
Repeal the heading, substitute:
12
143 Authorised officer may apply for a search warrant
13
205 Subsection 143(1)
14
Omit "employee", substitute "officer of the ESOS agency for a
15
registered provider".
16
206 Subsection 143(2)
17
Omit "employee", substitute "authorised officer".
18
207 Subsection 145(1)
19
Omit "employee", substitute "officer of the ESOS agency for a
20
registered provider".
21
208 Subsection 145(3)
22
Omit "employee", substitute "authorised officer".
23
209 Paragraph 146(1)(a)
24
Omit "employees", substitute "officers of the ESOS agency for a
25
registered provider".
26
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53
210 Subsection 146(2)
1
Omit "employees", substitute "officers".
2
211 Sections 147 and 148
3
Omit "employee", insert "officer of the ESOS agency for a registered
4
provider".
5
212 Subsection 149(1)
6
Omit "if the authorised employee", substitute "if an authorised
7
employee of the ESOS agency for a registered provider".
8
213 Subparagraphs 149(1)(a)(i) and (ii)
9
Omit "employee", substitute "officer".
10
214 Subsection 149(2)
11
Omit "employee", substitute "officer".
12
215 Subsection 149(3) (heading)
13
Repeal the heading, substitute:
14
Authorised officer must give notice
15
216 Subsection 149(3)
16
Omit "employee", substitute "officer".
17
217 Subsection 150(1)
18
Omit "employee", substitute "officer of the ESOS agency for a
19
registered provider".
20
218 Subsection 150(2)
21
Omit "employee", substitute "officer".
22
219 Subsection 151(1)
23
Omit "employee is on premises under section 130 or 141 if the
24
employee", substitute "officer of the ESOS agency for a registered
25
provider is on premises under section 130 or 141 if the authorised
26
officer".
27
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Education Services for Overseas Students Amendment (Streamlining
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220 Subsection 151(2)
1
Omit "employee" (wherever occurring), substitute "officer".
2
221 Subsection 152(1)
3
Omit "employee", substitute "officer of the ESOS agency for a
4
registered provider".
5
222 Subsections 152(2) and (3)
6
Omit "employee" (wherever occurring), substitute "officer".
7
223 Section 153 (heading)
8
Repeal the heading, substitute:
9
153 Authorised officer may apply for a thing to be retained for a
10
further period
11
224 Subsection 153(1)
12
Omit "employee", substitute "officer of the ESOS agency for a
13
registered provider".
14
225 Subsection 153(2)
15
Omit "employee" (wherever occurring), substitute "officer".
16
226 Subsection 153(3) (heading)
17
Repeal the heading, substitute:
18
Authorised officer must try to notify those affected
19
227 Subsection 153(3)
20
Omit "employee" (wherever occurring), substitute "officer".
21
228 Subsection 154(1)
22
Omit "authorised employee", substitute "authorised officer of the ESOS
23
agency for a registered provider".
24
229 Subsection 154(1)
25
Omit "the employee", substitute "the officer".
26
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Education Services for Overseas Students Amendment (Streamlining
Regulation) Bill 2015
55
230 Subsection 154(2)
1
Omit "employee", substitute "authorised officer".
2
231 Section 155 (heading)
3
Repeal the heading, substitute:
4
155 Occupier to provide authorised officer with all facilities and
5
assistance
6
232 Subsection 155(1)
7
Omit "authorised employee", substitute "authorised officer of the ESOS
8
agency for a registered provider".
9
233 Subsection 155(1)
10
Omit "that employee", substitute "that officer".
11
234 Subdivision B of Division 5 of Part 7 (heading)
12
Repeal the heading, substitute:
13
Subdivision B--Obligations on authorised officers etc.
14
235 Subsection 156(1)
15
Omit "employee", substitute "officer of the ESOS agency for a
16
registered provider".
17
236 Subsection 156(2)
18
Omit "employee" (wherever occurring), substitute "officer".
19
237 Subsections 157(1)
20
Omit "obtaining", substitute "an authorised officer of the ESOS agency
21
for a registered provider obtains".
22
238 Subsection 157(1)
23
Omit "employee", substitute "officer".
24
239 Subsection 157(2)
25
Omit "an authorised employee", substitute "the authorised officer".
26
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Education Services for Overseas Students Amendment (Streamlining
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240 Subsection 158(1)
1
Omit "employee", substitute "officer of the ESOS agency for a
2
registered provider".
3
241 Subsection 159(1)
4
Omit "If a monitoring warrant or a search warrant is being executed",
5
substitute "If an authorised officer of the ESOS agency for a registered
6
provider is executing a monitoring warrant or a search warrant".
7
242 Subsections 159(1) and (2)
8
Omit "employee", substitute "officer".
9
243 Subsection 162(1)
10
Repeal the subsection, substitute:
11
(1) The ESOS agency for a registered provider must give each
12
authorised officer of the agency an identity card.
13
244 Paragraph 162(2)(a)
14
Omit "Secretary", substitute "ESOS agency for a registered provider".
15
245 Paragraph 162(2)(b)
16
Omit "employee", substitute "authorised officer of the agency".
17
246 Paragraph 162(3)(b)
18
Omit "employee", substitute "officer of the ESOS agency for a
19
registered provider".
20
247 Paragraph 162(3)(c)
21
Omit "Secretary", substitute "agency".
22
248 Subsection 162(6) (heading)
23
Repeal the heading, substitute:
24
Streamlining registration Schedule 1
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Education Services for Overseas Students Amendment (Streamlining
Regulation) Bill 2015
57
Authorised officer must always carry identity card
1
249 Subsection 162(6)
2
Omit "employee", substitute "officer of the ESOS agency for a
3
registered provider".
4
250 Section 163 (heading)
5
Repeal the heading, substitute:
6
163 Authorised officer must produce identity card on request
7
251 Section 163
8
Omit "An authorised employee", substitute "An authorised officer of
9
the ESOS agency for a registered provider".
10
252 Paragraphs 163(a) and (b)
11
Omit "employee", substitute "officer".
12
253 Section 164 (heading)
13
Repeal the heading, substitute:
14
164 Authorised officer may apply for warrants by telephone etc.
15
254 Subsection 164(1)
16
Omit "An authorised employee", substitute "An authorised officer of
17
the ESOS agency for a registered provider".
18
255 Subsection 164(1)
19
Omit "the employee", substitute "the authorised officer".
20
256 Subsection 164(3)
21
Omit "employee", substitute "officer".
22
257 Subsection 164(4)
23
Omit "employee", substitute "authorised officer".
24
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58
Education Services for Overseas Students Amendment (Streamlining
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258 Paragraph 165(2)(a)
1
Omit "employees", substitute "officers of the ESOS agency for a
2
registered provider".
3
259 Paragraph 166(2)(a)
4
Omit "the authorised employee", substitute "an authorised officer of the
5
ESOS agency for a registered provider".
6
260 Subsection 166(3) (heading)
7
Repeal the heading, substitute:
8
Obligations on authorised officers
9
261 Subsection 166(3)
10
Omit "employee" (wherever occurring), substitute "officer".
11
262 Subsection 167(1) (heading)
12
Repeal the heading, substitute:
13
Obligations on authorised officer
14
263 Subsection 167(1)
15
Omit "An authorised employee", substitute "An authorised officer of
16
the ESOS agency for a registered provider".
17
264 Paragraph 167(1)(a)
18
Omit "employee", substitute "officer".
19
265 Subsection 170A(1)
20
Omit "Minister, Immigration Minister or Secretary", substitute "ESOS
21
agency for a provider or Immigration Minister".
22
266 Subsection 170A(2)
23
Omit "Secretary may publish information about", substitute "ESOS
24
agency for the provider may publish information about the following
25
matters in the way specified by the Secretary under subsection (4)".
26
Streamlining registration Schedule 1
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Regulation) Bill 2015
59
267 Paragraph 170A(2)(a)
1
Omit "taken; and", substitute "taken;".
2
268 Subparagraph 170A(2)(b)(i)
3
Omit "a provider", substitute "the provider".
4
269 Subsection 170A(3)
5
Omit "if the Secretary", substitute "if the ESOS agency for the
6
provider".
7
270 Subsection 170A(3)
8
Omit "Secretary must", substitute "agency must".
9
271 Subsection 170A(4)
10
Repeal the subsection substitute:
11
(4) The Secretary may, by legislative instrument, specify the way in
12
which the ESOS agency for a registered provider publishes the
13
information referred to in subsection (2).
14
272 Subsections 170(1) to (4)
15
Repeal the subsections, substitute:
16
Delegation by the Minister
17
(1) The Minister may, by writing, delegate any or all of his or her
18
functions or powers under this Act to:
19
(a) the Secretary; or
20
(b) an SES employee, or acting SES employee, in the
21
Department.
22
Note:
The expressions SES employee and acting SES employee are defined
23
in section 2B of the Acts Interpretation Act 1901.
24
(2) In exercising functions or powers under a delegation under
25
subsection (1), the delegate must comply with any directions of the
26
Minister.
27
Schedule 1 Streamlining registration
60
Education Services for Overseas Students Amendment (Streamlining
Regulation) Bill 2015
No. , 2015
Delegation by the Secretary
1
(3) The Secretary may, by writing, delegate any or all of his or her
2
functions or powers under this Act (including his or her functions
3
or powers as the ESOS agency for a provider or registered
4
provider) to:
5
(a) an SES employee, or acting SES employee, in the
6
Department; or
7
(b) an APS employee in the Department who holds or performs
8
the duties of an Executive Level 1 or 2 position or an
9
equivalent position; or
10
(c) TEQSA; or
11
(d) the National VET Regulator.
12
Note:
The expressions SES employee and acting SES employee are defined
13
in section 2B of the Acts Interpretation Act 1901.
14
(4) In exercising functions or powers under a delegation under
15
subsection (3), the delegate must comply with any directions of the
16
Secretary.
17
Delegation by ESOS agencies
18
(4A) The ESOS agency for a provider or registered provider (other than
19
the Secretary) may, by writing, delegate any or all of the agency's
20
functions or powers under this Act to:
21
(a) if the agency is TEQSA--a person or authority mentioned in
22
subsection 199(1) of the TEQSA Act; or
23
(b) if the agency is the National VET Regulator--a person or
24
authority mentioned in subsection 224(1) of the NVETR Act;
25
or
26
(c) otherwise--a person who is an employee or constituent
27
member of the agency if the agency is satisfied that the
28
person has suitable qualifications and experience.
29
(4B) In exercising functions or powers under a delegation under
30
subsection (4A), the delegate must comply with any directions of
31
the ESOS agency.
32
273 After section 170
33
Insert:
34
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Education Services for Overseas Students Amendment (Streamlining
Regulation) Bill 2015
61
171A Subdelegation by TEQSA or National VET Regulator
1
(1) If the Secretary delegates a function or power under
2
subsection 170(3) to TEQSA, TEQSA may, in writing, subdelegate
3
the function or power to:
4
(a) a Commissioner (within the meaning of the TEQSA Act); or
5
(b) the Chief Executive Officer of TEQSA; or
6
(c) a member of the staff of TEQSA (within the meaning of the
7
TEQSA Act) who:
8
(i) is an SES employee, or acting SES employee; or
9
(ii) holds or performs the duties of an Executive Level 1 or
10
2 position or an equivalent position.
11
Note:
The expressions SES employee and acting SES employee are defined
12
in section 2B of the Acts Interpretation Act 1901.
13
(2) If the Secretary delegates a function or power under
14
subsection 170(3) to the National VET Regulator, the National
15
VET Regulator may, in writing, subdelegate the function or power
16
to:
17
(a) a Commissioner (within the meaning of the NVETR Act); or
18
(b) a member of the staff of the Regulator (within the meaning of
19
the NVETR Act) who:
20
(i) is an SES employee, or acting SES employee; or
21
(ii) holds or performs the duties of an Executive Level 1 or
22
2 position or an equivalent position.
23
Note:
The expressions SES employee and acting SES employee are defined
24
in section 2B of the Acts Interpretation Act 1901.
25
274 Subsection 171(1)
26
Omit "89(3), 89A(3)", substitute "89(5)".
27
275 Paragraph 172(1)(b)
28
Repeal the paragraph, substitute:
29
(b) second entry to market charge; or
30
(ba) third entry to market charge; or
31
276 Subsection 172(1) (note)
32
Repeal the note, substitute:
33
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Education Services for Overseas Students Amendment (Streamlining
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Note:
If a registered provider breaches this section, the ESOS agency for the
1
provider may take action under Division 1 of Part 6 against the
2
provider.
3
277 Paragraph 173(1)(aa)
4
Repeal the paragraph, substitute:
5
(aa) the second entry to market charge;
6
(ab) the third entry to market charge;
7
278 Paragraph 175(1)(a)
8
Omit "and the national code", substitute ", the national code, the
9
ELICOS Standards and the Foundation Program Standards".
10
279 Subsection 175(1)
11
After "Secretary", insert ", or the ESOS agency for a provider or
12
registered provider,".
13
280 After paragraph 175(1)(e)
14
Insert:
15
(ea) the ESOS agency for a provider or registered provider; or
16
(eb) the Secretary; or
17
281 Paragraph 175(2)(a)
18
Omit "and the national code", substitute ", the national code, the
19
ELICOS Standards and the Foundation Program Standards".
20
282 Subsection 175(2)
21
After "Secretary", insert ", or the ESOS agency for a provider or
22
registered provider,".
23
Education Services for Overseas Students (TPS Levies) Act
24
2012
25
283 Subsection 5(3)
26
Omit "section 9AB of".
27
Streamlining registration Schedule 1
No. , 2015
Education Services for Overseas Students Amendment (Streamlining
Regulation) Bill 2015
63
National Vocational Education and Training Regulator Act
1
2011
2
284 Subparagraph 204(c)(i)
3
After "this Act", insert "or the Education Services for Overseas
4
Students Act 2000,".
5
Tertiary Education Quality and Standards Agency Act 2011
6
285 Paragraph 188(2)(a)
7
After "this Act", insert "or the Education Services for Overseas
8
Students Act 2000,".
9
Schedule 2 Review of decisions
64
Education Services for Overseas Students Amendment (Streamlining
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No. , 2015
Schedule 2
--Review of decisions
1
2
Education Services for Overseas Students Act 2000
3
1 Section 5
4
Insert:
5
affected provider for a reviewable decision has the meaning given
6
by section 169AB.
7
internal reviewer means:
8
(a) the ESOS agency for an affected provider; or
9
(b) a delegate referred to in paragraph 169AE(1)(b).
10
reviewable decision has the meaning given by section 169AB.
11
2 Paragraph 14B(2)(d)
12
Omit "to the Administrative Appeals Tribunal".
13
3 Subsection 53B(1) (note 2)
14
Repeal the note.
15
4 At the end of section 53B
16
Add:
17
(3) The notice must also include:
18
(a) the reasons for the determination referred to in section 53A;
19
and
20
(b) a statement that an application may be made under
21
section 169AG for review of the determination by the
22
Administrative Appeals Tribunal.
23
(4) A failure to give the notice required by this section does not affect
24
the validity of the determination.
25
5 After Part 7
26
Insert:
27
Review of decisions Schedule 2
No. , 2015
Education Services for Overseas Students Amendment (Streamlining
Regulation) Bill 2015
65
Part 7A--Review of decisions
1
Division 1--Introduction
2
169AA Guide to this Part
3
This Part is about the administrative review of certain decisions
4
made under this Act.
5
An affected provider for a reviewable decision may apply for
6
internal review or review by the Administrative Appeals Tribunal.
7
However, only reviewable decisions made by a delegate of the
8
ESOS agency for the affected provider are subject to internal
9
review.
10
A decision of the internal reviewer that relates to a reviewable
11
decision is subject to review by the Administrative Appeals
12
Tribunal.
13
A determination by the TPS Director of an amount of TPS levy
14
payable by a provider or registered provider under
15
subsection 53A(1) is also subject to review by the Administrative
16
Appeals Tribunal.
17
Division 2--Review of decisions
18
169AB Reviewable decisions
19
Each decision referred to in column 1 of the following table is a
20
reviewable decision. A provider or registered provider referred to
21
in column 2 of that table in relation to a reviewable decision is the
22
affected provider for the decision.
23
24
Reviewable decisions
Item
Column 1
Reviewable decision
Column 2
Affected provider for
the reviewable decision
1
A decision by the ESOS agency for a provider
The provider
Schedule 2 Review of decisions
66
Education Services for Overseas Students Amendment (Streamlining
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No. , 2015
Reviewable decisions
Item
Column 1
Reviewable decision
Column 2
Affected provider for
the reviewable decision
to refuse to register the provider under
section 10
2
A decision by the ESOS agency for a registered
provider to register the provider under
section 10 for a particular period
The registered provider
3
A decision by the ESOS agency for a provider
or registered provider to impose a condition on,
or to vary or remove a condition of, the
provider's registration under section 10B
The provider or
registered provider
4
A decision by the ESOS agency for a registered
provider to refuse to renew the provider's
registration under section 10E
The registered provider
5
A decision by the ESOS agency for a registered
provider to renew the provider's registration
under section 10E for a particular period
The registered provider
6
A decision by the ESOS agency for a registered
provider to refuse to add a course at a location
to the provider's registration under section 10J
The registered provider
7
A decision by the ESOS agency for a registered
provider to extend the provider's period of
registration under section 10L
The registered provider
8
A decision by the ESOS agency for a registered
provider not to notify the provider under
subsection 46A(4)
The registered provider
9
A decision by the ESOS agency for a registered
provider to take action against the provider
under section 83
The registered provider
10
A decision by the ESOS agency for a registered
provider not to give the provider a notice under
subsection 89(4) or 95(3)
The registered provider
1
Review of decisions Schedule 2
No. , 2015
Education Services for Overseas Students Amendment (Streamlining
Regulation) Bill 2015
67
169AC Notice of decision
1
(1) The ESOS agency must, as soon as practicable after making a
2
reviewable decision, give the affected provider for the decision a
3
written notice containing:
4
(a) the terms of the decision; and
5
(b) the reasons for the decision; and
6
(c) notice of the provider's right to have the decision reviewed.
7
(2) A failure to give the notice required by this section does not affect
8
the validity of the reviewable decision.
9
169AD Application for internal review of reviewable decisions made
10
by delegates
11
(1) If a reviewable decision is made by a delegate of the ESOS agency
12
for an affected provider, the affected provider for the decision may
13
apply to the agency for review of the decision.
14
Note:
Reviewable decisions whether or not made by a delegate of the ESOS
15
agency may be reviewed by the Administrative Appeals Tribunal (see
16
section 169AG).
17
(2) The application must:
18
(a) be made in the form approved, in writing, by the ESOS
19
agency; and
20
(b) be accompanied by any information and documents required
21
by the agency; and
22
(c) be made within:
23
(i) 30 days after the affected provider for the decision is
24
notified of the decision; or
25
(ii) if the agency allows a longer period (whether before or
26
after the end of that 30 day period)--that longer period.
27
169AE Internal review of reviewable decisions
28
(1) If an application for review of a reviewable decision is made under
29
section 169AD to the ESOS agency for an affected provider, the
30
agency must:
31
(a) review the reviewable decision; or
32
Schedule 2 Review of decisions
68
Education Services for Overseas Students Amendment (Streamlining
Regulation) Bill 2015
No. , 2015
(b) cause the reviewable decision to be reviewed by a delegate of
1
the agency:
2
(i) who was not involved in making the decision; and
3
(ii) who occupies a position that is at least the same level as
4
that occupied by the delegate who made the decision.
5
(2) The internal reviewer may:
6
(a) affirm, vary or set aside the reviewable decision; and
7
(b) if the internal reviewer sets aside the decision--make such
8
other decision as he or she thinks appropriate.
9
(3) The decision (the internal review decision) of the internal reviewer
10
is taken (other than for the purposes of section 169AB) to have
11
been made under the provision under which the reviewable
12
decision was made.
13
(4) The internal reviewer must, as soon as practicable after making the
14
internal review decision, give the applicant a written notice
15
containing:
16
(a) the terms of the decision; and
17
(b) the reasons for the decision; and
18
(c) notice of the applicant's right to have the decision reviewed
19
by the Administrative Appeals Tribunal.
20
(5) A failure to comply with subsection (4) does not affect the validity
21
of the internal review decision.
22
169AF Internal review decision must be made within 90 days
23
(1) The internal reviewer must make a decision on an application for
24
review of a reviewable decision within 90 days after the
25
application is made under section 169AD.
26
(2) If the internal reviewer does not make a decision on the application
27
within that period, the internal reviewer is taken to have made a
28
decision under section 169AE to affirm the reviewable decision at
29
the end of that period.
30
Review of decisions Schedule 2
No. , 2015
Education Services for Overseas Students Amendment (Streamlining
Regulation) Bill 2015
69
169AG Review by the Administrative Appeals Tribunal
1
(1) Applications may be made to the Administrative Appeals Tribunal
2
for review of:
3
(a) a reviewable decision; or
4
(b) a decision of the internal reviewer made under section 169AE
5
that relates to a reviewable decision; or
6
(c) a determination by the TPS Director of an amount of TPS
7
levy payable by a provider or registered provider under
8
subsection 53A(1).
9
(2) An application under paragraph (1)(a) or (b) of this section may
10
only be made by, or on behalf of, the affected provider for the
11
reviewable decision referred to in that paragraph.
12
(3) An application under paragraph (1)(c) of this section may only be
13
made by, or on behalf of, the provider or registered provider
14
referred to in that paragraph.
15
6 Section 169A
16
Omit:
17
(d)
giving information to relevant bodies;
18
(e)
review of decisions.
19
substitute:
20
(d)
giving information to relevant bodies.
21
7 Section 176
22
Repeal the section.
23
Schedule 3 Ministerial directions
70
Education Services for Overseas Students Amendment (Streamlining
Regulation) Bill 2015
No. , 2015
Schedule 3
--Ministerial directions
1
2
Education Services for Overseas Students Act 2000
3
1 After section 170B
4
Insert:
5
170C Minister may give directions to the ESOS agency
6
(1) The Minister may, by legislative instrument, give directions to the
7
ESOS agency for a provider or registered provider about the
8
performance of the agency's functions under this Act.
9
Note:
Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not
10
apply to a direction (see regulations made for the purposes of
11
paragraph 54(2)(b) of that Act).
12
(2) However, the Minister must not give a direction under
13
subsection (1) about, or in relation to, a particular provider or
14
registered provider.
15
(3) Regulations made for the purposes of paragraph 44(2)(b) of the
16
Legislation Act 2003 do not apply in relation to a direction under
17
subsection (1) of this section.
18
Note:
This means that section 42 (disallowance) of the Legislation Act 2003
19
applies to the direction.
20
(4) The ESOS agency must comply with a direction under
21
subsection (1).
22
(5) The Minister may consult the Immigration Minister about the
23
giving of a direction under subsection (1).
24
National Vocational Education and Training Regulator Act
25
2011
26
2 Section 159
27
After "section 160", insert "of this Act and section 170C of the
28
Education Services for Overseas Students Act 2000".
29
Ministerial directions Schedule 3
No. , 2015
Education Services for Overseas Students Amendment (Streamlining
Regulation) Bill 2015
71
Tertiary Education Quality and Standards Agency Act 2011
1
3 Section 135
2
After "section 136", insert "of this Act and section 170C of the
3
Education Services for Overseas Students Act 2000".
4
Schedule 4 TPS Director
72
Education Services for Overseas Students Amendment (Streamlining
Regulation) Bill 2015
No. , 2015
Schedule 4
--TPS Director
1
2
Education Services for Overseas Students Act 2000
3
1 Section 5 (at the end of the definition of production notice)
4
Add "or 113A".
5
2 Section 5
6
Insert:
7
TPS officer means:
8
(a) an APS employee in the Department who assists the TPS
9
Director in the performance of the TPS Director's functions;
10
or
11
(b) a consultant engaged by the TPS Director under section 54L.
12
3 After paragraph 54B(f)
13
Insert:
14
(fa) recommending that the ESOS agency for a registered
15
provider take one or more actions against the provider under
16
subsection 83(1A);
17
4 At the end of Division 3 of Part 5A
18
Add:
19
54N Application of finance law
20
For the purposes of the finance law (within the meaning of the
21
Public Governance, Performance and Accountability Act 2013),
22
the TPS Director is an official of the Department.
23
5 After subsection 83(1A)
24
Insert:
25
(1AA) The ESOS agency for a registered provider must consider any
26
recommendation made by the TPS Director under
27
paragraph 54B(fa) that relates to the provider in deciding whether
28
TPS Director Schedule 4
No. , 2015
Education Services for Overseas Students Amendment (Streamlining
Regulation) Bill 2015
73
to take one or more actions against the provider under
1
subsection (1A) of this section.
2
6 Section 111A (at the end of the paragraph relating to
3
Division 2)
4
Add:
5
The TPS Director may also give a production notice under that
6
Division.
7
7 Section 113 (heading)
8
Repeal the heading, substitute:
9
113 ESOS agency for a registered provider may give a production
10
notice
11
8 After section 113
12
Insert:
13
113A TPS Director may give a production notice
14
(1) This section applies if the TPS Director reasonably believes that a
15
relevant individual of a registered provider has, or has access to,
16
information or documents that are relevant to the performance of
17
the TPS Director's functions under Part 5 of this Act.
18
(2) The TPS Director may give the relevant individual a written notice
19
requiring the individual:
20
(a) to give any such information or documents to a TPS officer;
21
or
22
(b) to show any such documents to a TPS officer; or
23
(c) to make copies of any such documents and give the copies to
24
a TPS officer.
25
(3) If the information or documents are in a particular form then the
26
notice may require the information or documents to be given in
27
that form.
28
Schedule 4 TPS Director
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Education Services for Overseas Students Amendment (Streamlining
Regulation) Bill 2015
No. , 2015
9 Paragraph 114(1)(a)
1
After "section 113", insert "or 113A".
2
10 Paragraph 114(1)(b)
3
Repeal the paragraph, substitute:
4
(b) set out the effects of sections 120 and 121; and
5
(ba) if the notice is given under section 113--set out the effect of
6
section 122; and
7
(bb) if the notice is given under section 113A--set out the effect
8
of section 122A; and
9
11 After subsection 115(1)
10
Insert:
11
(1A) The TPS Director must give a production notice under
12
section 113A to a relevant individual of a registered provider:
13
(a) by delivering it to the relevant individual personally; or
14
(b) by:
15
(i) leaving it at the address of the relevant individual's
16
place of residence or business last known to the TPS
17
Director; and
18
(ii) taking reasonably practicable action to draw the relevant
19
individual's attention to the notice; or
20
(c) by sending it by ordinary or any other class of pre-paid post
21
to the relevant individual's place of residence or business last
22
known to the TPS Director.
23
12 Subsection 115(2)
24
After "paragraph (1)(c)", insert "or the TPS Director uses the method in
25
paragraph (1A)(c)".
26
13 Section 122 (heading)
27
Repeal the heading, substitute:
28
TPS Director Schedule 4
No. , 2015
Education Services for Overseas Students Amendment (Streamlining
Regulation) Bill 2015
75
122 Offence: giving false or misleading document to authorised
1
officer
2
14 After section 122
3
Insert:
4
122A Offence: giving false or misleading document to TPS officer
5
(1) A person commits an offence if:
6
(a) the person is given a production notice under section 113A;
7
and
8
(b) the person gives or shows a TPS officer a document in
9
compliance or purported compliance with the notice; and
10
(c) the document is false or misleading in a material particular.
11
Penalty: Imprisonment for 12 months.
12
(2) Subsection (1) does not apply to a person if the document is
13
accompanied by a written statement signed by the person:
14
(a) stating that the document is, to the person's knowledge, false
15
or misleading in the material particular concerned; and
16
(b) setting out or referring to the material particular.
17
Note:
A defendant bears an evidential burden in relation to the matter in
18
subsection (2): see subsection 13.3(3) of the Criminal Code.
19
15 Before subsection 124(1)
20
Insert:
21
Authorised officer etc.
22
16 At the end of section 124
23
Add:
24
TPS Director etc.
25
(3) The TPS Director or a TPS officer may:
26
(a) inspect a document given or shown to a TPS officer under
27
this Division; and
28
Schedule 4 TPS Director
76
Education Services for Overseas Students Amendment (Streamlining
Regulation) Bill 2015
No. , 2015
(b) make and retain copies of, or take and retain extracts from,
1
such a document; and
2
(c) retain a copy of a document given to a TPS officer under this
3
Division.
4
17 After section 125
5
Insert:
6
125A Retaining of documents by TPS officer
7
(1) If a TPS officer is given a document under this Division, the TPS
8
officer may retain the document:
9
(a) for the purposes of this Act; or
10
(b) for the purposes of an investigation as to whether an offence
11
has been committed; or
12
(c) to enable evidence of an offence to be secured for the
13
purposes of a prosecution.
14
(2) However, the document must not be retained for longer than 60
15
days after the TPS officer was given the document.
16
Note:
The TPS officer may apply to retain the document for a further period:
17
see section 128A.
18
18 After subsection 126(1)
19
Insert:
20
(1A) If a TPS officer retains a document under section 125A, the TPS
21
officer must as soon as practicable:
22
(a) certify a copy of the document to be a true copy; and
23
(b) give the copy to the person (the owner) otherwise entitled to
24
possession of the document.
25
19 Subsection 126(3)
26
Before "thinks", insert ", or the TPS officer,".
27
20 Section 127 (heading)
28
Repeal the heading, substitute:
29
TPS Director Schedule 4
No. , 2015
Education Services for Overseas Students Amendment (Streamlining
Regulation) Bill 2015
77
127 Returning of documents
1
21 Subsection 127(1)
2
Omit all the words after "is given", substitute:
3
under this Division to either of the following persons (the holder):
4
(a) an authorised officer of the ESOS agency for a registered
5
provider;
6
(b) a TPS officer.
7
22 Subsection 127(2)
8
Omit "authorised employee", substitute "holder".
9
23 Subsection 127(2)
10
Omit "the employee", substitute "the holder".
11
24 Subsections 127(3)
12
Omit "authorised employee" (wherever occurring), substitute "holder".
13
25 After section 128
14
Insert:
15
128A TPS officer may apply to retain document for a further period
16
(1) If a TPS officer is given a document under this Division, the TPS
17
officer may apply to a magistrate or tribunal member for an order
18
that the officer may retain the document for a further period.
19
(2) The application must be made before the end of:
20
(a) 60 days after the document was given to the TPS officer; or
21
(b) a period previously specified in an order of a magistrate or
22
tribunal member under section 129.
23
(3) Before making the application, the TPS officer must:
24
(a) take reasonable steps to discover which persons' interests
25
would be affected by the retention of the document; and
26
(b) if it is practicable to do so, notify each person who the officer
27
believes to be such a person of the proposed application.
28
Schedule 5 Other amendments
Part 1 Amendments commencing on the day after Royal Assent
78
Education Services for Overseas Students Amendment (Streamlining
Regulation) Bill 2015
No. , 2015
Schedule 5
--Other amendments
1
Part 1
--Amendments commencing on the day after
2
Royal Assent
3
Education Services for Overseas Students Act 2000
4
1 Section 5
5
Insert:
6
applicable number of days has the meaning given by
7
subsection 19(1A).
8
2 Section 5 (definition of study period)
9
Repeal the definition.
10
3 Section 15A (paragraph relating to Division 2)
11
Repeal the paragraph, substitute:
12
•
Division 2 deals with tuition fees. In general, a registered
13
provider must not receive more than 50% of the total tuition
14
fees for a course before an overseas student begins the course.
15
4 Subsection 19(1)
16
Omit "14 days", substitute "the applicable number of days".
17
5 After subsection 19(1)
18
Insert:
19
(1A) The applicable number of days is:
20
(a) if the accepted student is less than 18 years old and the
21
information is of a kind referred to in paragraph (1)(c) or
22
(d)--14 days; or
23
(b) otherwise--31 days.
24
6 Section 22
25
Repeal the section.
26
Other amendments Schedule 5
Amendments commencing on the day after Royal Assent Part 1
No. , 2015
Education Services for Overseas Students Amendment (Streamlining
Regulation) Bill 2015
79
7 Subsection 27(1) (heading)
1
Repeal the heading.
2
8 Subsections 27(2) and (3)
3
Repeal the subsections, substitute:
4
(2) Subsection (1) does not apply if:
5
(a) either of the following choose to pay more than 50% of the
6
overseas student's, or intending overseas student's, total
7
tuition fees for a course before the student has begun the
8
course:
9
(i) the student;
10
(ii) a person who is responsible for paying those fees; or
11
(b) the course has a duration of 25 weeks or less.
12
9 Sections 28 to 32
13
Repeal the sections.
14
10 Section 33A
15
Omit:
16
•
The purpose of the code is to provide nationally consistent
17
standards and procedures for registered providers in providing
18
courses to overseas students, dealing with agents and other
19
providers, and providing refunds.
20
substitute:
21
•
The purpose of the national code is to provide nationally
22
consistent standards and procedures for registered providers
23
and persons who deliver educational services on behalf of
24
such providers.
25
11 Section 34
26
Omit "for the conduct of registered providers and the conduct of",
27
substitute "and procedures for registered providers and".
28
Schedule 5 Other amendments
Part 1 Amendments commencing on the day after Royal Assent
80
Education Services for Overseas Students Amendment (Streamlining
Regulation) Bill 2015
No. , 2015
12 Paragraph 38(g)
1
Omit "relating to refunds under Division 2 of Part 5", substitute "with
2
overseas students or intending overseas students".
3
13 Subsection 46D(6) (note)
4
Repeal the note.
5
14 Section 47C
6
Repeal the section.
7
15 Subsections 47D(2) and 47E(2) (note)
8
Repeal the note.
9
16 Subsection 47H(1)
10
Repeal the subsection (not including the note), substitute:
11
(1) A registered provider must give a notice in accordance with this
12
section if:
13
(a) an overseas student or intending overseas student defaults in
14
relation to a course provided by the provider at a location;
15
and
16
(b) the provider is required to provide a refund under
17
section 47E.
18
17 Paragraph 47H(3)(a)
19
Omit "47D or".
20
18 Subsection 50C(2) (note)
21
Repeal the note.
22
Other amendments Schedule 5
Amendments commencing on 1 July 2016 Part 2
No. , 2015
Education Services for Overseas Students Amendment (Streamlining
Regulation) Bill 2015
81
Part 2
--Amendments commencing on 1 July 2016
1
Education Services for Overseas Students Act 2000
2
19 Section 23
3
Before "A registered provider who is", insert "(1)".
4
20 Section 23 (note 1)
5
Omit "Note 1", substitute "Note".
6
21 Section 23 (note 2)
7
Repeal the note.
8
22 At the end of section 23
9
Add:
10
(2) If the registered provider does not comply with subsection (1), the
11
Secretary must give the provider a written notice that:
12
(a) specifies the amount of the annual registration charge that the
13
provider is liable to pay; and
14
(b) states that the provider must pay that amount, and the late
15
payment penalty for the charge, by the end of the seventh day
16
after the notice is given to the provider; and
17
(c) sets out the effect of section 90.
18
Note:
Section 90 provides that the provider's registration is automatically
19
suspended if the provider does not comply with the notice.
20
(3) If:
21
(a) the registered provider does not comply with the notice; and
22
(b) the Secretary is not the ESOS agency for the provider;
23
the Secretary must notify the ESOS agency for the provider of the
24
failure.
25
23 Section 23A
26
Repeal the section, substitute:
27
Schedule 5 Other amendments
Part 2 Amendments commencing on 1 July 2016
82
Education Services for Overseas Students Amendment (Streamlining
Regulation) Bill 2015
No. , 2015
23A Second and third entry to market charges
1
(1) A registered provider who is liable to pay the second entry to
2
market charge must pay the charge by the end of the day referred
3
to in subsection 6(5) of the Education Services for Overseas
4
Students (Registration Charges) Act 1997.
5
(2) A registered provider who is liable to pay the third entry to market
6
charge must pay the charge by the end of the day referred to in
7
subsection 6(7) of the Education Services for Overseas Students
8
(Registration Charges) Act 1997.
9
(3) If the registered provider does not comply with subsection (1) or
10
(2) of this section, the Secretary must give the provider a written
11
notice that:
12
(a) specifies the amount of the second entry to market charge or
13
third entry to market charge that the provider is liable to pay;
14
and
15
(b) states that the provider must pay that amount, and the late
16
payment penalty for the charge, by the end of the seventh day
17
after the notice is given to the provider; and
18
(c) sets out the effect of section 90.
19
Note:
Section 90 provides that the provider's registration is automatically
20
suspended if the provider does not comply with the notice.
21
(4) If:
22
(a) the registered provider does not comply with the notice; and
23
(b) the Secretary is not the ESOS agency for the provider;
24
the Secretary must notify the ESOS agency for the provider of the
25
failure.
26
24 Paragraphs 90(1)(b) and (c)
27
Repeal the paragraphs, substitute:
28
(b) fails to comply with a notice given under section 23 or 23A;
29
Application, transitional and savings provisions Schedule 6
Definitions Part 1
No. , 2015
Education Services for Overseas Students Amendment (Streamlining
Regulation) Bill 2015
83
Schedule 6
--Application, transitional and
1
savings provisions
2
Part 1
--Definitions
3
1 Definitions
4
In this Schedule:
5
commencement means the commencement of item 2 of this Schedule.
6
ESOS Act means the Education Services for Overseas Students Act
7
2000.
8
Schedule 6 Application, transitional and savings provisions
Part 2 Registration of providers etc.
84
Education Services for Overseas Students Amendment (Streamlining
Regulation) Bill 2015
No. , 2015
Part 2
--Registration of providers etc.
1
2 Continuation of existing registrations
2
(1)
This item applies if:
3
(a) before commencement, a provider was registered to provide a
4
course at a location; and
5
(b) immediately before commencement, the provider's
6
registration was in force.
7
(2)
Despite the amendments of the ESOS Act made by Schedule 1 to this
8
Act, the provider's registration continues in effect, and may be dealt
9
with, after commencement as if the provider were registered under the
10
ESOS Act, as amended by that Schedule.
11
(3)
If, immediately before commencement, the provider's registration was
12
subject to any conditions, those conditions continue in effect, and may
13
be dealt with, after commencement as if they had been imposed under
14
section 10B of the ESOS Act, as inserted by Schedule 1 to this Act.
15
Special rule relating to renewal of registration
16
(4)
If, immediately before commencement, the provider's registration was
17
in force because of the operation of subsection 9AC(5) of the ESOS
18
Act, then:
19
(a) after commencement, the provider may apply to renew the
20
provider's registration under section 10D of the ESOS Act,
21
as inserted by Schedule 1 to this Act; and
22
(b) despite paragraph 10D(2)(b) of the ESOS Act, any such
23
application must be made within 60 days after
24
commencement; and
25
(c) if the provider does not make such an application within that
26
period--the provider's registration ceases to be in force at the
27
end of that period.
28
Note:
If the provider makes such an application then section 10F of the
29
ESOS Act, as inserted by that Schedule, applies in relation to the
30
provider's registration.
31
Application, transitional and savings provisions Schedule 6
Registration of providers etc. Part 2
No. , 2015
Education Services for Overseas Students Amendment (Streamlining
Regulation) Bill 2015
85
Special rules relating to continued registration
1
(5)
If, immediately before commencement:
2
(a) the provider was a provider of a kind covered by an item
3
(other than item 4) of the table in subsection 7A(1) of the
4
ESOS Act; and
5
(b) the provider's registration was in force because of the
6
operation of subsection 9AC(6) of that Act;
7
then, after commencement, the provider's registration for the course at
8
the location continues until the provider has finished providing that
9
course to the students who were enrolled in, and had commenced, the
10
course immediately before commencement.
11
(6)
If, immediately before commencement:
12
(a) the provider was a provider of a kind covered by item 4 of
13
the table in subsection 7A(1) of the ESOS Act; and
14
(b) the provider's registration was in force because of the
15
operation of subsection 9AC(6) of that Act;
16
then, after commencement, the provider's registration for the course at
17
the location continues until the end of 31 December 2016.
18
(7)
Despite subitem (5) or (6), the provider must not do anything for the
19
purpose of recruiting or enrolling overseas students, or intending
20
overseas students, for the course at the location after commencement.
21
3 Continuation of suspension under section 89A of the ESOS
22
Act
--no removal notice given
23
(1)
This item applies if:
24
(a) before commencement, the registration of a provider for a
25
course for a location was suspended by force of
26
subsection 89A(1B), (1C) or (1D) of the ESOS Act; and
27
(b) immediately before commencement, the provider has not
28
been given a notice under subsection 89A(2) of that Act.
29
(2)
Despite the repeal of section 89A of the ESOS Act by item 107 of
30
Schedule 1 to this Act, the suspension continues to have effect, and may
31
be dealt with, after commencement as if it were:
32
Schedule 6 Application, transitional and savings provisions
Part 2 Registration of providers etc.
86
Education Services for Overseas Students Amendment (Streamlining
Regulation) Bill 2015
No. , 2015
(a) in the case of a suspension by force of subsection 89A(1B) of
1
the ESOS Act--a suspension by force of subsection 89(1) of
2
the ESOS Act, as inserted by that Schedule; or
3
(b) otherwise--a suspension by force of subsection 89(2) of the
4
ESOS Act, as inserted by that Schedule.
5
4 Continuation of suspension under section 89A of the ESOS
6
Act
--removal notice given
7
(1)
This item applies if:
8
(a) before commencement:
9
(i) the registration of a provider for a course for a location
10
was suspended by force of subsection 89A(1B), (1C) or
11
(1D) of the ESOS Act; and
12
(ii) the provider was given a notice under subsection 89A(2)
13
of that Act; and
14
(b) immediately before commencement, the provider has not
15
paid the associated reinstatement fee referred to in
16
subsection 89A(3) of that Act.
17
(2)
Despite the repeal of section 89A of the ESOS Act by item 107 of
18
Schedule 1 to this Act, the suspension and the notice continue to have
19
effect after commencement as if the repeal had not happened.
20
5 Saving of notice given under section 93 of the ESOS Act
21
(1)
This item applies if:
22
(a) before commencement, a registered provider was given a
23
notice under subsection 93(1) or (1A) of the ESOS Act; and
24
(b) immediately before commencement, the applicable period
25
referred to in paragraph 93(1)(d) or (1A)(b) of that Act has
26
not ended.
27
(2)
Despite the repeal of section 93 of the ESOS Act by item 109 of
28
Schedule 1 to this Act, the notice continues to have effect after
29
commencement as if:
30
(a) the notice had been given by the ESOS agency for the
31
registered provider under section 93 of the ESOS Act, as
32
inserted by that Schedule; and
33
Application, transitional and savings provisions Schedule 6
Registration of providers etc. Part 2
No. , 2015
Education Services for Overseas Students Amendment (Streamlining
Regulation) Bill 2015
87
(b) if the notice related to a decision to impose a condition on the
1
provider's registration under subsection 9AD(2) or 9AE(1) of
2
the ESOS Act--the notice related to a decision to impose a
3
condition on the provider's registration under section 10B of
4
the ESOS Act, as inserted by that Schedule; and
5
(c) if the notice related to a decision not to give the registered
6
provider a notice under subsection 89A(2) of the ESOS
7
Act--the notice related to a decision not to give the
8
registered provider a notice under subsection 89(4) of the
9
ESOS Act, as inserted by that Schedule.
10
Schedule 6 Application, transitional and savings provisions
Part 3 Review of decisions
88
Education Services for Overseas Students Amendment (Streamlining
Regulation) Bill 2015
No. , 2015
Part 3
--Review of decisions
1
6 Transitional
--review of certain decisions made before
2
commencement
3
(1)
This item applies to a decision of a kind mentioned in section 176 of the
4
ESOS Act, as in force immediately before commencement, if:
5
(a) the decision was made before commencement; and
6
(b) immediately before commencement, both of the following
7
apply:
8
(i) an application for review of the decision by the
9
Administration Appeals Tribunal has not been made;
10
(ii) the time for a person to make such an application has
11
not ended (including any extensions of that time under
12
section 29 of the Administrative Appeals Tribunal Act
13
1975).
14
(2)
Despite the repeal of section 176 of the ESOS Act by item 7 of
15
Schedule 2 to this Act, that section, as in force immediately before
16
commencement, continues to apply in relation to the decision as if the
17
repeal had not happened.
18
Application, transitional and savings provisions Schedule 6
Other matters Part 4
No. , 2015
Education Services for Overseas Students Amendment (Streamlining
Regulation) Bill 2015
89
Part 4
--Other matters
1
7 Application
--amendments of section 19 of the ESOS Act
2
commencing on the day after Royal Assent
3
The amendments of section 19 of the ESOS Act made by items 4 and 5
4
of Schedule 5 to this Act apply in relation to an event that occurs before
5
or after the commencement of those items.
6
8 Application
--amendments of section 19 of the ESOS Act
7
commencing on 1 July 2016
8
The amendments of section 19 of the ESOS Act made by items 52 to 54
9
of Schedule 1 to this Act apply in relation to an event that occurs before
10
or after commencement.
11
9 Application
--subsections 23(2) and (3) of the ESOS Act
12
Subsections 23(2) and (3) of the ESOS Act, as inserted by item 22 of
13
Schedule 5 to this Act, apply in relation to a registered provider who
14
does not comply with subsection 23(1) of that Act after commencement.
15
10 Application
--subsection 83(1) of the ESOS Act
16
Subsection 83(1) of the ESOS Act, as inserted by item 85 of Schedule 1
17
to this Act, applies in relation to the following breaches:
18
(a) a breach of the ESOS Act, the national code or a condition of
19
a registered provider's registration that occurs before or after
20
commencement;
21
(b) a breach of the ELICOS Standards or Foundation Program
22
Standards that occurs after commencement.
23
11 Application
--section 87 of the ESOS Act
24
Section 87 of the ESOS Act, as inserted by item 106 of Schedule 1 to
25
this Act, applies in relation to the following breaches:
26
(a) a possible breach of the national code, ELICOS Standards or
27
Foundation Program Standards that occurs before or after
28
commencement;
29
(b) a possible breach of the ESOS Act that occurs after
30
commencement.
31
Schedule 6 Application, transitional and savings provisions
Part 4 Other matters
90
Education Services for Overseas Students Amendment (Streamlining
Regulation) Bill 2015
No. , 2015
12 Application
--amendments of section 170A of the ESOS
1
Act
2
The amendments of section 170A of the ESOS Act made by items 265
3
to 271 of Schedule 1 to this Act apply in relation to action taken under
4
Division 2 of Part 6 of that Act if the action is taken after
5
commencement.
6
13 Transitional rules
7
(1)
The Minister may, by legislative instrument, make rules prescribing
8
matters of a transitional nature (including prescribing any saving or
9
application provisions) relating to the amendments or repeals made by
10
this Act.
11
(2)
To avoid doubt, the rules may not do the following:
12
(a) create an offence or civil penalty provision;
13
(b) provide:
14
(i) powers of arrest or detention; or
15
(ii) powers relating to entry, search or seizure;
16
(c) impose a tax;
17
(d) set an amount to be appropriated from the Consolidated
18
Revenue Fund under an appropriation in this Act;
19
(e) directly amend the text of this Act.
20
(3)
This Act (other than subitem (2)) does not limit the rules that may be
21
made for the purposes of subitem (1).
22