Education Services for Overseas Students (Registration Charges) Amendment Bill 2021 [2021] AUSStaCSBSD 144 (13 July 2021)

• Education Services for Overseas Students (Registration Charges) Amendment Bill 2021
• Broad discretionary power
• Significant matters in delegated legislation3

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Education Services for Overseas Students (Registration Charges) Amendment Bill 2021

Purpose	This bill seeks to amend the Education Services for Overseas Students (Registration Charges) Act 1997 to update the registration charges to recover the costs for certain regulatory activities under the Education Services for Overseas Students Act 2000
Portfolio	Education
Introduced	House of Representatives on 24 June 2021

Broad discretionary power
Significant matters in delegated legislation^[3]

1.6 Item 2 of Schedule 1 to the bill seeks to insert proposed sections 5, 6 and 7 into the Education Services for Overseas Students (Registration Charges) Act 1997. These new sections provide for three new charges for the recovery of costs for certain regulatory activities in the tertiary education sector. Proposed subsections 5(9), 6(8) and 7(8) would allow the regulations to exempt providers from the relevant charge.

1.7 The committee considers that these provisions provide the minister with broad discretionary powers to exempt providers from the requirement to pay a charge by legislative instrument in circumstances where there is no guidance on the face of the bill as to when these powers may be exercised. The committee expects that the inclusion of broad discretionary powers, and the inclusion of significant matters in delegated legislation, should be thoroughly justified in the explanatory memorandum. In this instance, the explanatory memorandum does not provide a justification as to why it is necessary or appropriate for the exemption power to be left to delegated legislation.

1.8 In light of the above, the committee requests the minister's advice as to:

• why it is considered necessary and appropriate to give the minister broad discretionary powers to exempt providers from a charge in delegated legislation; and

• whether the bill can be amended to include at least high-level guidance on the face of the primary legislation regarding when it will be appropriate provide for such exemptions.

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[3] Schedule 1, item 2, proposed subsections 5(9), 6(8) and 7(8). The committee draws senators’ attention to these provisions pursuant to Senate Standing Order 24(1)(a)(ii) and (iv).