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

EDUCATION SERVICES FOR OVERSEAS STUDENTS (REGISTRATION CHARGES) AMENDMENT BILL 2011

2010-2011
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Education Services for Overseas
Students (Registration Charges)
Amendment Bill 2011
No. , 2011
(Education, Employment and Workplace Relations)
A Bill for an Act to amend the Education Services
for Overseas Students (Registration Charges) Act
1997, and for related purposes
i Education Services for Overseas Students (Registration Charges) Amendment Bill 2011
No. , 2011
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Amendments
3
Education Services for Overseas Students (Registration Charges) Act
1997
3
Education Services for Overseas Students (Registration Charges) Amendment Bill 2011 No.
, 2011 1
A Bill for an Act to amend the Education Services
1
for Overseas Students (Registration Charges) Act
2
1997, and for related 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 (Registration Charges) Amendment Act 2011.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
13
2 Education Services for Overseas Students (Registration Charges) Amendment Bill 2011
No. , 2011
Commencement information
Column 1
Column 2
Column 3
Provision(s) Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
A single day to be fixed by Proclamation.
However, if the provision(s) do not
commence within the period of 6 months
beginning on the day this Act receives the
Royal Assent, they commence on the day
after the end of that period.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
12
Amendments Schedule 1
Education Services for Overseas Students (Registration Charges) Amendment Bill 2011 No.
, 2011 3
Schedule 1--Amendments
1
2
Education Services for Overseas Students (Registration
3
Charges) Act 1997
4
1 Subsection 5(2)
5
Repeal the subsection, substitute:
6
Amount of the charge
7
(2) The amount of the charge for the provider for the year (the charge
8
year) is the sum of the following components:
9
(a)
$1,300;
10
(b) $10 multiplied by the total enrolments for the provider in the
11
previous year;
12
(c) $100 multiplied by the total number of courses for which the
13
provider is registered on 1 January of the charge year;
14
(d) if the Minister has taken action against the provider under
15
section 83 of the Education Services for Overseas Students
16
Act 2000 in the previous year--$1,000.
17
Note 1:
The dollar amounts are indexed under section 7.
18
Note 2:
Regulations made under subsection (7) of this section may provide for
19
lower dollar amounts and exemptions.
20
2 Subsection 5(3)
21
Omit "provided by the provider", substitute "for which the provider is
22
registered".
23
Note:
The following heading to subsection 5(3) is inserted "Total enrolments".
24
3 Paragraph 5(4)(b)
25
Repeal the paragraph, substitute:
26
(b) for a course of 13 or more weeks, but less than 26 weeks,
27
duration--each student who is enrolled in the course at any
28
time during the year counts as 0.5 of an enrolment; and
29
(c) for a course of less than 13 weeks duration--each student
30
who is enrolled in the course at any time during the year
31
counts as 0.25 of an enrolment.
32
Schedule 1 Amendments
4 Education Services for Overseas Students (Registration Charges) Amendment Bill 2011
No. , 2011
4 At the end of section 5
1
Add:
2
(6) For the purposes of this section, if:
3
(a) a provider is registered to provide a course for a State; and
4
(b) the Register lists one or more locations within the State
5
where the course will be provided;
6
the course is taken to be a separate course at each of those
7
locations.
8
Regulations
9
(7) The regulations may prescribe any one or more of the following:
10
(a) a lower dollar amount for the purposes of paragraph (2)(a);
11
(b) one or more classes of providers who may pay the lower
12
dollar amount prescribed under paragraph (a) of this
13
subsection;
14
(c) one or more classes of providers who are exempt from the
15
requirement to pay:
16
(i) the annual registration charge entirely; or
17
(ii) one or more components of the charge listed in
18
paragraph (2)(a), (b) or (c).
19
(8) Regulations made under subsection (7) must be expressed to apply
20
to the first calendar year beginning after the regulations are made
21
and all later calendar years.
22
Note:
The following heading to subsection 5(5) is inserted "Working out what constitutes a
23
course".
24
5 Section 5A
25
Repeal the section.
26
6 Section 6
27
Repeal the section, substitute:
28
6 Entry to market charges
29
Application of section
30
(1) This section applies if:
31
Amendments Schedule 1
Education Services for Overseas Students (Registration Charges) Amendment Bill 2011 No.
, 2011 5
(a) a designated authority for a State recommends under
1
section 9 of the Education Services for Overseas Students Act
2
2000 (the ESOS Act) that a provider be registered under that
3
Act to provide a course for the State to overseas students; and
4
(b) the provider meets the requirements in subsection 9(2) of that
5
Act, other than the requirement in paragraph 9(2)(aa); and
6
(c) at the time the provider meets those requirements, the
7
provider is not registered to provide any course for any State.
8
Amount of the entry to market charges and due dates
9
(2) The provider is (subject to subsection (3) of this section) liable to
10
pay 3 entry to market charges of the amount specified in column 1
11
by the time specified in column 2.
12
13
Entry to market charge
Item Column
1
Amount of each
charge
Column 2
Time by which each charge is payable
1
$7,500
The time when the provider becomes registered to
provide the course for the State under section 9 of the
ESOS Act
2
$5,000
The end of the first anniversary of the day on which the
provider was registered to provide the course for the
State under section 9 of the ESOS Act
3
$2,500
The end of the second anniversary of the day on which
the provider was registered to provide the course for
the State under section 9 of the ESOS Act
Note:
The dollar amounts of the charges are indexed under section 7.
14
(3) A provider is liable to pay the second or third entry to market
15
charge only if the provider is still registered to provide the course
16
for the State on the relevant anniversary referred to in column 2 of
17
table item 2 or 3.
18
Exemptions from the charges
19
(4) The regulations may prescribe one or more classes of providers
20
who are exempt from the requirement to pay the entry to market
21
charges.
22
Schedule 1 Amendments
6 Education Services for Overseas Students (Registration Charges) Amendment Bill 2011
No. , 2011
7 Subsection 7(1)
1
Omit "initial registration charge for any year (the current year) after
2
2004", substitute "an entry to market charge for a year (the current
3
year) after the initial year".
4
Note:
The following heading to subsection 7(1) is inserted "Application of section".
5
8 Subsection 7(1A)
6
Omit "after 2004, unless that year is the first year to which a particular
7
section 5A instrument applies", substitute "after the initial year, unless
8
that year is the first year to which regulations made under paragraph
9
5(7)(a) apply".
10
9 Subsection 7(1A) (note)
11
Omit "the instrument", substitute "the regulations".
12
10 Subsection 7(2)
13
Omit "or in an instrument in effect under section 5A, and the amount
14
specified in the formula", substitute ", in regulations made under
15
paragraph 5(7)(a), or in column 1 of the table".
16
Note 1: The following heading to subsection 7(2) is inserted "Indexation formula".
17
Note 2: The following heading to subsection 7(3) is inserted "Rounding factors and amounts".
18
Note 3: The following heading to subsection 7(5) is inserted "Changes to CPI".
19
11 At the end of section 7
20
Add:
21
Definition of initial year
22
(6) In this section, the initial year means the first calendar year in
23
which the dollar amounts specified in subsection 5(2), and in the
24
table in subsection 6(2), are imposed under section 8.
25
12 Section 8
26
Omit "the initial registration charge", substitute "the entry to market
27
charges".
28
13 Section 9
29
Repeal the section, substitute:
30
Amendments Schedule 1
Education Services for Overseas Students (Registration Charges) Amendment Bill 2011 No.
, 2011 7
9 Regulations
1
The Governor-General may make regulations prescribing matters:
2
(a) required or permitted by this Act to be prescribed; or
3
(b) necessary or convenient to be prescribed for carrying out or
4
giving effect to this Act.
5
14 Application
6
(1)
The amendments made by this Schedule (other than the amendments
7
made by items 6 and 13 of this Schedule) apply on and after the first
8
1 January that occurs after this Schedule commences.
9
(2)
The amendment made by item 6 of this Schedule applies in relation to
10
any recommendation made by a designated authority for a State under
11
section 9 of the Education Services for Overseas Students Act 2000 on
12
or after the first 1 January that occurs after this Schedule commences.
13

 

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