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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 (Registration Charges)
Amendment (Streamlining Regulation)
Bill 2015
No. , 2015
(Education and Training)
A Bill for an Act to amend the Education Services
for Overseas Students (Registration Charges) Act
1997, and for other purposes
No. , 2015
Education Services for Overseas Students (Registration Charges)
Amendment (Streamlining Regulation) Bill 2015
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Entry to market charges
3
Education Services for Overseas Students (Registration Charges) Act
1997
3
No. , 2015
Education Services for Overseas Students (Registration Charges)
Amendment (Streamlining Regulation) Bill 2015
1
A Bill for an Act to amend the Education Services
1
for Overseas Students (Registration Charges) Act
2
1997, and for 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 (Registration Charges) Amendment (Streamlining
7
Regulation) Act 2015.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
2
Education Services for Overseas Students (Registration Charges)
Amendment (Streamlining Regulation) Bill 2015
No. , 2015
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
At the same time as Schedule 1 to the
Education Services for Overseas Students
Amendment (Streamlining Regulation) Act
2015 commences.
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
3 Schedules
10
Legislation that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
concerned, and any other item in a Schedule to this Act has effect
13
according to its terms.
14
Entry to market charges Schedule 1
No. , 2015
Education Services for Overseas Students (Registration Charges)
Amendment (Streamlining Regulation) Bill 2015
3
Schedule 1
--Entry to market charges
1
2
Education Services for Overseas Students (Registration
3
Charges) Act 1997
4
1 Section 6
5
Repeal the section, substitute:
6
6 Entry to market charges
7
(1) If:
8
(a) a provider applies under section 9 of the Education Services
9
for Overseas Students Act 2000 (the ESOS Act) to be
10
registered to provide a course at a location to overseas
11
students; and
12
(b) the provider meets the registration requirements
13
(disregarding paragraph 11(g)(i) of the ESOS Act); and
14
(c) at the time the provider meets those requirements, the
15
provider is not registered under the ESOS Act to provide any
16
course at any location; and
17
(d) the provider is not included in a class of providers that is
18
prescribed by the regulations to be exempt from the
19
requirement to pay the entry to market charges imposed by
20
section 8 of this Act;
21
the provider is liable to pay 3 entry to market charges in
22
accordance with this section.
23
First entry to market charge
24
(2) The amount of the first entry to market charge is $7,998.
25
Note:
This amount is indexed under section 7.
26
(3) The first entry to market charge is payable before the provider is
27
registered (the first registration) to provide the course at the
28
location.
29
Schedule 1 Entry to market charges
4
Education Services for Overseas Students (Registration Charges)
Amendment (Streamlining Regulation) Bill 2015
No. , 2015
Second entry to market charge
1
(4) The amount of the second entry to market charge is $5,332.
2
Note:
This amount is indexed under section 7.
3
(5) If the provider is still registered to provide the course at the
4
location on the first anniversary day, the second entry to market
5
charge is payable by the end of that day.
6
Third entry to market charge
7
(6) The amount of the third entry to market charge is $2,666.
8
Note:
This amount is indexed under section 7.
9
(7) If the provider is still registered to provide the course at the
10
location on the second anniversary day, the third entry to market
11
charge is payable by the end of that day.
12
When a provider is taken to be still registered
13
(8) If:
14
(a) the provider's first registration is renewed, continued or
15
extended under the ESOS Act for a period; and
16
(b) the first anniversary day or second anniversary day falls
17
within that period;
18
the provider is taken, for the purposes of this section, to be still
19
registered to provide the course at the location on that day.
20
Exemption
21
(9) The regulations may prescribe one or more classes of provider that
22
are exempt from the requirement to pay the entry to market charges
23
imposed by section 8.
24
Definitions
25
(10) In this section:
26
first anniversary day means the first anniversary of the day on
27
which the period of the provider's first registration started.
28
Entry to market charges Schedule 1
No. , 2015
Education Services for Overseas Students (Registration Charges)
Amendment (Streamlining Regulation) Bill 2015
5
second anniversary day means the second anniversary of the day
1
on which the period of the provider's first registration started.
2
2 Subsection 7(2)
3
Omit "column 1 of the table in subsection 6(2)", substitute
4
"subsection 6(2), (4) or (6)".
5
3 Subsection 7(6)
6
Repeal the subsection, substitute:
7
Definition
8
(6) In this section:
9
initial year means:
10
(a) in relation to the annual registration charge--the first
11
calendar year in which the dollar amounts specified in
12
subsection 5(2) are imposed under section 8; or
13
(b) in relation to an entry to market charge--the year 2015.
14
4 Transitional
--payment of an entry to market charge after
15
commencement
16
(1)
This item applies if:
17
(a) before the commencement of this item, a provider is liable
18
under section 6 of the Education Services for Overseas
19
Students (Registration Charges) Act 1997 to pay 3 entry to
20
market charges; and
21
(b) immediately before that commencement, the amount of such
22
a charge has not become payable.
23
(2)
The following provisions apply in relation to the provider's liability to
24
pay the amount of an entry to market charge that becomes payable after
25
the commencement of this item:
26
(a) section 6 of that Act, as inserted by this Schedule;
27
(b) section 7 of that Act, as amended by this Schedule.
28
5 Saving of regulations
29
(1)
This item applies to regulations if:
30
Schedule 1 Entry to market charges
6
Education Services for Overseas Students (Registration Charges)
Amendment (Streamlining Regulation) Bill 2015
No. , 2015
(a) the regulations were made for the purposes of subsection 6(4)
1
of the Education Services for Overseas Students
2
(Registration Charges) Act 1997; and
3
(b) the regulations were in force immediately before the
4
commencement of this item.
5
(2)
After the commencement of this item, the regulations continue in force
6
(and may be dealt with) as if they had been made for the purposes of
7
subsection 6(9) of that Act, as inserted by this Schedule.
8