Queensland Consolidated Acts

EDUCATION (OVERSEAS STUDENTS) ACT 2018

- As at 1 February 2024 
- Act 1 of 2018 

TABLE OF PROVISIONS

           Long Title

CHAPTER 1 - PRELIMINARY

   1.      Short title
   2.      Commencement
   3.      Main purposes
   4.      Act binds all persons
   5.      Dictionary

CHAPTER 2 - APPROVALS

   PART 1 - OBTAINING APPROVALS

           Division 1 - Obtaining school provider approvals

   6.      Who may apply
   7.      Requirements for making application
   8.      Deciding application
   9.      Conditions
   10.     Mandatory condition
   11.     Duration
   12.     Steps after, and taking effect of, decision
   13.     Failure to decide application

           Division 2 - Obtaining student exchange approvals

   14.     Who may apply
   15.     Requirements for making application
   16.     Deciding application
   17.     Conditions
   18.     Mandatory condition
   19.     Duration
   20.     Steps after, and taking effect of, decision
   21.     Failure to decide application

   PART 2 - AMENDMENT

   22.     Amendment on application
   23.     Amendment by chief executive
   24.     Steps after, and taking effect of, decision
   25.     Failure to decide application

   PART 3 - RENEWAL

   26.     Application for renewal
   27.     Deciding application
   28.     Steps after, and taking effect of, decision

   PART 4 - INQUIRIES ABOUT APPLICATIONS

   29.     Application of part
   30.     Inquiry about application

   PART 5 - COMPLIANCE NOTICES

   31.     When compliance notice may be given
   32.     Requirements for compliance notice

   PART 6 - SANCTIONS FOR NON-COMPLIANCE

           Division 1 - Conditions, suspension and cancellation

   33.     Grounds for taking action
   34.     Show cause notice before taking action
   35.     Decision in relation to taking action after show cause process
   36.     Immediate suspension without show cause notice
   37.     Information notice and taking effect of action or immediate suspension

           Division 2 - Effect of suspension

   38.     Effect of suspension of school provider approval
   39.     Effect of suspension of student exchange approval

   PART 7 - SURRENDER

   40.     Surrender of approval

CHAPTER 3 - INVESTIGATION AND ENFORCEMENT

   PART 1 - GENERAL PROVISIONS ABOUT AUTHORISED PERSONS

           Division 1 - Appointment

   41.     Authorised persons
   42.     Functions of authorised persons
   43.     Appointment and qualifications
   44.     Appointment conditions and limit on powers
   45.     When office ends
   46.     Resignation

           Division 2 - Identity cards

   47.     Issue of identity card
   48.     Production or display of identity card
   49.     Return of identity card

           Division 3 - Miscellaneous provisions

   50.     References to exercise of powers
   51.     Reference to document includes reference to reproductions from electronic document

   PART 2 - ENTRY OF PLACES BY AUTHORISED PERSONS

           Division 1 - Power to enter

   52.     General power to enter places

           Division 2 - Entry by consent

   53.     Application of division
   54.     Incidental entry to ask for access
   55.     Matters authorised person must tell occupier
   56.     Consent acknowledgement

           Division 3 - Entry under warrant

              Subdivision 1 - Obtaining warrant

   57.     Application for warrant
   58.     Issue of warrant
   59.     Electronic application
   60.     Additional procedure if electronic application
   61.     Defect in relation to a warrant

              Subdivision 2 - Entry procedure

   62.     Entry procedure

   PART 3 - OTHER AUTHORISED PERSONS’ POWERS AND RELATED MATTERS

           Division 1 - General powers of authorised persons after entering places

   63.     Application of division
   64.     General powers
   65.     Power to require reasonable help
   66.     Offence to contravene help requirement

           Division 2 - Seizure by authorised persons and forfeiture

              Subdivision 1 - Power to seize

   67.     Seizing evidence at a place
   68.     Seizure of property subject to security

              Subdivision 2 - Powers to support seizure

   69.     Power to secure seized thing
   70.     Offence to interfere

              Subdivision 3 - Safeguards for seized things

   71.     Receipt and information notice for seized thing
   72.     Access to seized thing
   73.     Return of seized thing

              Subdivision 4 - Forfeiture

   74.     Forfeiture by chief executive decision
   75.     Dealing with property forfeited to State

   PART 4 - MISCELLANEOUS PROVISIONS RELATING TO AUTHORISED PERSONS

           Division 1 - Damage

   76.     Duty to avoid inconvenience and minimise damage
   77.     Notice of damage

           Division 2 - Compensation

   78.     Compensation

           Division 3 - Other offences relating to authorised persons

   79.     Giving authorised person false or misleading information
   80.     Obstructing authorised person
   81.     Impersonating authorised person

CHAPTER 4 - OFFENCES

   82.     Offence to provide or promote a course to overseas student without school provider approval
   83.     Offence to provide or promote an international secondary student exchange program without student exchange approval

CHAPTER 5 - REVIEW

   PART 1 - INTERNAL REVIEW

   84.     Who may apply for review
   85.     Application for review
   86.     Review decision

   PART 2 - EXTERNAL REVIEW

   87.     Application of part
   88.     External review by QCAT
   89.     No power to stay immediate suspension

CHAPTER 6 - GENERAL

   PART 1 - SCHOOL PROVIDER APPROVALS—RELATIONSHIP WITH COMMONWEALTH ACT

   90.     Automatic cancellation of school provider approval if registration cancelled under Commonwealth Act
   91.     Continuation of school provider approval if registration continues under Commonwealth Act
   92.     Copy of notice of provider default given under Commonwealth Act to be given to chief executive

   PART 2 - STUDENT EXCHANGE APPROVALS—GUIDELINES AND REGISTER

   93.     Chief executive must make guidelines about operation of programs
   94.     Chief executive must establish register

   PART 3 - CONFIDENTIALITY

   95.     Definitions for part
   96.     Duty of confidentiality
   97.     Use or disclosure for authorised purpose
   98.     Disclosure to other jurisdictions
   99.     Disclosure to Non-State Schools Accreditation Board
   100.    Disclosure by Non-State Schools Accreditation Board

   PART 4 - MISCELLANEOUS

   101.    Delegation
   102.    Protection from liability
   103.    Approved forms
   104.    Regulation-making power

CHAPTER 7 - REPEAL AND TRANSITIONAL PROVISIONS

   PART 1 - REPEAL

   105.    Repeal of Education (Overseas Students) Act 1996

   PART 2 - TRANSITIONAL PROVISIONS

   106.    Definition for part
   107.    Applications
   108.    Registrations
   109.    Existing suspensions
   110.    Proposed suspensions or cancellations
   111.    Applications for review
   112.    Surrenders
           SCHEDULE 1