Commonwealth Consolidated Acts Commonwealth Consolidated ActsEducation Services for Overseas Students Act 2000
1 After paragraph 7A(2)(g)
Insert:
(ga) the matters (if any) specified by the Minister in an instrument under subsection ( 2A); and
2 After subsection 7A(2)
Insert:
(2 A ) The Minister may, by legislative instrument, make a determination specify ing matters for the purposes of paragraph ( 2)(ga).
3 At the end of section 7A
Add:
(5) If:
(a) the Minister determines that an entity is an ESOS agency for a provider or a registered provider under subsection 6C(2) or (3); and
(b) the entity is not a Commonwealth authority (within the meaning of section 85ZL of the Crimes Act 1914 );
the entity is taken to be a Commonwealth authority for the purposes of Part VIIC of the Crimes Act 1914 .
4 After paragraph 17(1)(a)
Insert:
(aa) has been convicted of an offence against any other law of the Commonwealth, or against a law o f a State, punishable by:
(i) imprisonment for 2 years or longer ; or
(ii) a fine of 120 penalty units or more;
at any time during the last 5 years; or
5 After paragraph 17(1)(b)
Insert:
(ba) if the associate or agent is or has ever been approved (however described) to provide a program, service or activity on behalf of, or with funding from, the Commonwealth or a State--has ever had the associate's or agent's approval cancelled or suspended other than at the request of the associate or agent ; or
6 After paragraph 17(1)(d)
Insert:
( d a) if the associate or agent is or has ever been approved (however described) to provide a program, service or activity on behalf of, or with funding from, the Commonwealth or a State --has ever had disciplinary, remedial or other compliance action taken in relation to the approval ; or
7 Paragraph 1 7(1)( e )
Omit " paragraph ( a), (b), (c) or (d)", substitute " any of paragraphs ( a) to (da)".
8 At the end of section 17
Add:
(3) If:
(a) the Minister determines that an entity is an ESOS agency for a provider or a registered provider under subsection 6C(2) or (3); and
(b) the entity is not a Commonwealth authority (within the meaning of section 85ZL of the Crimes Act 1914 );
the entity is taken to be a Commonwealth authority for the purposes of Part VIIC of the Crimes Act 1914 .
9 After section 17
Insert:
17A Registered providers must notify their ESOS agency of certain other events
(1) A registered provider must notify the ESOS agency for the provider of the occurrence of an event that would significantly affect the provider 's ability to comply with this Act .
(2) Notice under subsection ( 1) must be given within 10 business days after the event occurs.
( 3 ) A registered provider must notify the ESOS agency for the provider of:
(a) any prospective changes to the ownership of the registered provider as soon as practicable before the change takes effect; or
(b) any prospective or actual change in relation to a related person of the provider :
(i) if the change cannot be determined until it takes effect--within 10 business days of the change taking effect; or
(ii) otherwise--a s soon as practicable before the change tak es effect.
( 4 ) Notice under subsection ( 3 ) must be accompanied by information on the new owner or the related person of the provider to e nable the making of a decision under section 7A as to whether:
(a) the ESOS agency is satisfied, or no longer satisfied, that the provider is fit and proper to be registered; or
(b) the ESOS agency believes on reasonable grounds that the provider is not fit and proper to be registered.
( 5 ) A notice under this section must be provided in the manner and form specified by t he ESOS agency for the provider for the purposes of this subsection.
Note: If a registered provider breaches this section, the ESOS agency for the provider may take action under Division 1 of Part 6 against the provider.
10 Paragraphs 23(2)(b) and 23A(3)(b)
Omit ", and the late payment penalty for the charge,".
11 Paragraph 5 3D(2)(b)
Omit ", along with the associated late payment penalty,".
12 Section 175 (heading)
Repeal the heading, substitute:
175 Giving information to relevant bodies etc.
13 After paragraph 175(1)( g )
Insert:
( ga ) the Overseas Students Ombudsman; or
14 After subsection 175(1)
Insert:
(1A) The Secretary, or the ESOS agency for a provider or registered provider, may give information obtained or received for the purposes of this Act to an enforcement body (within the meaning of the Privacy Act 1988 ), if the Secretary or the ESOS agency is satisfied that giving the information is reasonably necessary for one or more enforcement related activities (within the meaning of that Act) conducted by, or on behalf of, the enforcement body.
15 At the end of section 175
Add:
(3) For the purposes of:
(a) promoting compliance with this Act, the national code, the ELIC O S Standards and the Foundation Program Standards; or
(b) promoting compliance with the conditions of a particular student visa or visas, or of student visas generally;
the Secretary , or the ESOS agency for a provider or registered provider, ma y give information relating to the exercise of functions by agents of providers to registered providers.
Publishing information about agents
(4 ) For the purposes of:
(a) promoting compliance with this Act, the national code, the ELIC O S Standards and the Foundation Program Standards; or
(b) promoting compliance with the conditions of a particular student visa or visas, or of student visas generally;
the Secretary may cause to be published information relating to the exercise of functions by agents of providers.
( 5 ) Without limiting subsection ( 3) or (4), the information given or published under those subsection s may relate to:
(a) the number of applications for student visas made by or on behalf of students recruited or otherwise dealt with by an agent that have been granted , refused or withdrawn, or are invalid; or
(b) the number of student visas granted to students recruited or otherwise dealt with by an agent that have been cancelled or have ceased to be in effect; or
(c ) the number of students accepted for enrolment in courses provided by registered providers by students recruited or otherwise dealt with by an agent; or
(d ) the completion rates of accepted students recruited or otherwise dealt with by agents.
Part 2 -- Application provisions
16 Application of amendments
(1) The amendments of section 7A of the Education Services for Overseas Students Act 2000 made by this Schedule appl y in relation to:
(a) applications for registration made after the commencement of this Schedule; and
(b) applications for registration made before the commencement of this Schedule but not yet decided before that commencement; and
(c) providers registered before or after the commencement of this Schedule.
( 2 ) The amendments of section 17 of the Education Services for Overseas Students Act 2000 made by this Schedule apply in relation to providers registered before or after the commencement of this Schedule.
(3 ) Section 17 A of the Education Services for Overseas Students Act 2000 , as inserted by this Schedule, applies in relation to providers registered before or after the commencement of this Schedule.
(4 ) The amendments of sections 23, 23A and 53D of the Education Services for Overseas Students Act 2000 made by this Schedule apply in relation to notices given after the commencement of this Schedule.
(5) The amendments of section 175 of the Education Services for Overseas Students Act 2000 made by this Schedule apply in relation to information given or published after the commencement of this Schedule, regardless of when the information was obtained or received.