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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Education Services for Overseas
Students (TPS Levies) Amendment Bill
2017
No. , 2017
(Education and Training)
A Bill for an Act to amend the Education Services
for Overseas Students (TPS Levies) Act 2012, and for
related purposes
No. , 2017
Education Services for Overseas Students (TPS Levies) Amendment
Bill 2017
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Education Services for Overseas Students (TPS Levies) Act 2012
3
No. , 2017
Education Services for Overseas Students (TPS Levies) Amendment
Bill 2017
1
A Bill for an Act to amend the Education Services
1
for Overseas Students (TPS Levies) Act 2012, and for
2
related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the Education Services for Overseas Students (TPS
6
Levies) Amendment Act 2017.
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 (TPS Levies) Amendment
Bill 2017
No. , 2017
1
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
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repealed as set out in the applicable items in the Schedule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
Amendments Schedule 1
No. , 2017
Education Services for Overseas Students (TPS Levies) Amendment
Bill 2017
3
Schedule 1--Amendments
1
2
Education Services for Overseas Students (TPS Levies) Act
3
2012
4
1 Subsection 4(1)
5
Insert:
6
index number, for a quarter, means the All Groups Consumer
7
Price Index number that is the weighted average of the 8 capital
8
cities and is published by the Australian Statistician in relation to
9
that quarter.
10
September quarter means a period of 3 months starting on 1 July.
11
2 Paragraphs 5(4)(a) and (b)
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Omit "specified in", substitute "under".
13
3 Subsection 5(4) (note 1)
14
Omit "Note 1", substitute "Note".
15
4 Subsection 5(4) (note 2)
16
Repeal the note.
17
5 Sections 6 and 7
18
Repeal the sections, substitute:
19
6 Administrative fee component
20
Subject to section 8, a registered provider's administrative fee
21
component for a year is the sum of:
22
(a) the amount (a dollar amount) determined in an instrument
23
under section 7A for the purposes of this paragraph for that
24
year; and
25
(b) the amount (a dollar amount) determined in an instrument
26
under section 7A for the purposes of this paragraph for that
27
year, multiplied by the total enrolments for the provider for
28
the previous year.
29
Schedule 1 Amendments
4
Education Services for Overseas Students (TPS Levies) Amendment
Bill 2017
No. , 2017
Note 1:
For total enrolments, see section 4.
1
Note 2:
The dollar amounts are indexed under section 8.
2
7 Base fee component
3
Subject to section 8, a registered provider's base fee component
4
for a year is the sum of:
5
(a) the amount (a dollar amount) determined in an instrument
6
under section 7A for the purposes of this paragraph for that
7
year; and
8
(b) the amount (a dollar amount) determined in an instrument
9
under section 7A for the purposes of this paragraph for that
10
year, multiplied by the total enrolments for the provider for
11
the previous year.
12
Note 1:
For total enrolments, see section 4.
13
Note 2:
The dollar amounts are indexed under section 8.
14
7A Legislative instrument for purposes of section 6 or 7
15
Calendar year beginning on 1 January 2018
16
(1) Before the calendar year beginning on 1 January 2018, the Minister
17
must, by legislative instrument, do all of the following:
18
(a) determine an amount for the purposes of paragraph 6(a) for
19
that year;
20
(b) determine an amount for the purposes of paragraph 6(b) for
21
that year;
22
(c) determine an amount for the purposes of paragraph 7(a) for
23
that year;
24
(d) determine an amount for the purposes of paragraph 7(b) for
25
that year.
26
Later calendar years
27
(2) Before the calendar year beginning on 1 January 2019 or a later
28
calendar year, the Minister may, by legislative instrument, do one
29
or more of the following:
30
(a) determine an amount for the purposes of paragraph 6(a) for
31
that year;
32
Amendments Schedule 1
No. , 2017
Education Services for Overseas Students (TPS Levies) Amendment
Bill 2017
5
(b) determine an amount for the purposes of paragraph 6(b) for
1
that year;
2
(c) determine an amount for the purposes of paragraph 7(a) for
3
that year;
4
(d) determine an amount for the purposes of paragraph 7(b) for
5
that year.
6
Upper limit
7
(3) The Minister must not determine an amount in an instrument under
8
this section for the purposes of paragraph 6(a) or (b) or 7(a) or (b)
9
for a year that exceeds the following:
10
(a) for paragraph 6(a)--$107;
11
(b) for paragraph 6(b)--$2.15;
12
(c) for paragraph 7(a)--$215;
13
(d) for paragraph 7(b)--$5.38.
14
Note:
Indexation under section 8 of the dollar amount under paragraph 6(a)
15
or (b) or 7(a) or (b) may result in that amount exceeding the upper
16
limit in this subsection that applies to the Minister's
17
determination-making power.
18
Having regard to matters
19
(4) In making a legislative instrument under this section, the Minister
20
must have regard to the sustainability of the OSTF.
21
(5) The Minister may also have regard to any other matter he or she
22
considers appropriate.
23
6 Subsections 8(1) and (2)
24
Repeal the subsections, substitute:
25
(1) This section applies for the purpose of working out a dollar amount
26
under paragraph 6(a) or (b) or 7(a) or (b) for the calendar year (the
27
current year) beginning on 1 January 2019 or a later calendar year
28
(the current year) if in the previous year the Minister did not make
29
an instrument under section 7A for the purposes of that paragraph
30
for the current year.
31
(2) The dollar amount under that paragraph is on 1 January of the
32
current year replaced by the amount worked out using the formula:
33
Schedule 1 Amendments
6
Education Services for Overseas Students (TPS Levies) Amendment
Bill 2017
No. , 2017
Dollar amount under that paragraph
Indexation factor
for the previous year
for that 1 January
1
Indexation factor
2
(2A) The indexation factor for a 1 January is the number worked out
3
using the formula:
4
Index number for the reference September quarter
Index number for the base September quarter
5
where:
6
base September quarter means the last September quarter before
7
the reference September quarter.
8
reference September quarter means the September quarter in the
9
year before the current year.
10
7 Subsection 8(3)
11
Omit "subsection (2)", substitute "subsection (2A)".
12
8 At the end of section 8
13
Add:
14
Publication
15
(7) The Minister must cause each amount worked out under
16
subsection (2) to be made publicly available in any manner he or
17
she considers appropriate.
18
9 Part 3 (heading)
19
Repeal the heading.
20
10 Section 11 (heading)
21
Repeal the heading, substitute:
22
Amendments Schedule 1
No. , 2017
Education Services for Overseas Students (TPS Levies) Amendment
Bill 2017
7
11 Rules for making legislative instrument under section 9 or 10
1
11 Before section 12
2
Insert:
3
Part 3--Other matters
4
5
12 Section 13
6
Repeal the section.
7
13 Application and saving provisions
8
(1)
The amendments made by this Schedule apply in relation to working
9
out the amount of TPS levy under subsection 5(2) or (4) of the
10
Education Services for Overseas Students (TPS Levies) Act 2012 for the
11
calendar year beginning on 1 January 2018 and each later calendar year.
12
(2)
The amendments made by this Schedule do not affect the continuity of
13
any instrument in force under section 12 of the Education Services for
14
Overseas Students (TPS Levies) Act 2012 immediately before the
15
commencement of this item.
16