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EDUCATION SERVICES FOR OVERSEAS STUDENTS (CONSEQUENTIAL AND TRANSITIONAL) ACT 2000 NO. 166, 2000 - SCHEDULE 3

- Amendment of the Migration Act Part 1—Disclosure of immigration information

Migration Act 1958

1 After subparagraph 488(2)(a)(v)

Insert:

(vi)
the Education Services for Overseas Students Act 2000 ;
(vii)
prescribed Commonwealth, State or Territory legislation;

2 At the end of subsection 488(2)

Add:

; or (f) authorise an employee of the Department whose Minister administers the Education Services for Overseas Students Act 2000 to perform for the purposes of that Act one or more of those actions; or

(g)
authorise a prescribed employee of a prescribed agency of the Commonwealth, or of a State or Territory, to perform for prescribed purposes one or more of those actions.

3 After section 488

Insert:

488A Giving information to other relevant agencies

(1) For the purposes of:

(a)
assisting with the regulation of providers; or

(b)
promoting compliance with the conditions of a particular student visa or visas, or of student visas generally;

the Secretary may give information obtained or received for the purposes of this Act to an agency of the Commonwealth, or of a State or Territory, that is responsible for or otherwise concerned with the regulation of providers.

(2) However, subsection (1) does not override section 488.

Note: Section 488 prohibits the disclosure etc. of movement records except in limited circumstances.

(3) In this section:

provider has the same meaning as in the Education Services for Overseas Students Act 2000 .

Part 2—Consequential amendment

Migration Act 1958

4 At the end of subsection 504(1)

Add:

; and (l) making provision for matters that, under the Education Services for Overseas Students Act 2000 , are required or permitted to be prescribed in regulations made under this Act.

Education Services for Overseas Students Act 2000

1 Section 5 (definition of Tribunal Member )

Omit "Administrative Appeals Tribunal", substitute "Administrative Review Tribunal".

2 Subsection 176(1)

Omit "Administrative Appeals Tribunal", substitute "Administrative Review Tribunal".

3 Paragraph 176(2)(a)

Omit "Administrative Appeals Tribunal under the Administrative Appeals Tribunal Act 1975 ", substitute "Administrative Review Tribunal under the Act that establishes that Tribunal".

4 Paragraph 176(2)(b)

Omit "section 28", substitute "section 57".

5 Paragraph 176(2)(b)

Omit "a statement that includes reasons", substitute "a statement of reasons".

6 At the end of subsection 176(2)

Add:

Note: The Act that establishes the Administrative Review Tribunal is either the Administrative Review Tribunal Act 2000 or the Administrative Review Tribunal Act 2001 .


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