Commonwealth Consolidated Acts

EDUCATION SERVICES FOR OVERSEAS STUDENTS (REGISTRATION CHARGES) ACT 1997 - SECT 6

  (1)   If:

  (a)   a provider makes an application under section   9 of the Education Services for Overseas Students Act 2000 for registration to provide a course or courses at a location or locations; and

  (b)   the provider:

  (i)   is an approved school provider when the application is made; and

  (ii)   meets the registration requirements (disregarding subparagraph   11(g)(i) of the Education Services for Overseas Students Act 2000 ); and

  (iii)   is not registered under the Education Services for Overseas Students Act 2000 to provide any course at any location;

charge is imposed on the application.

  (2)   Charge imposed by subsection   (1) is to be known as schools initial registration charge .

  (3)   Schools initial registration charge imposed on an application made by a provider is payable by the provider.

Amount of charge

  (4)   The amount of schools initial registration charge imposed on an application is the amount:

  (a)   prescribed by the regulations; or

  (b)   worked out in accordance with a method prescribed by the regulations.

  (5)   Without limiting paragraph   (4)(b), the regulations may provide for the amount of schools initial registration charge imposed on an application to be equal to the sum of such components as are prescribed by, or ascertained in accordance with, the regulations.

  (6)   Before the Governor - General makes regulations for the purposes of subsection   (4), the Minister must be satisfied that the effect of those regulations will be to recover no more than the Commonwealth's likely costs in connection with the Secretary's performance of functions, and exercise of powers, under:

  (a)   Subdivision A of Division   3 of Part   2 of the Education Services for Overseas Students Act 2000 ; or

  (b)   section   11 of that Act, so far as that section relates to section   10 of that Act; or

  (c)   section   11A of that Act, so far as that section relates to an application made under section   9 of that Act; or

  (d)   section   11B of that Act, so far as that section relates to an application made under section   9 of that Act; or

  (e)   subsection   11C(1) of that Act, so far as that subsection relates to a notice given under section   10A of that Act; or

  (f)   subsection   11C(2) of that Act; or

  (g)   section   14 of that Act;

so far as those functions and powers relate to the Secretary's capacity as the ESOS agency for approved school providers.

  (7)   The regulations may provide for indexation of amounts specified in the regulations.

Exemption

  (8)   The regulations may prescribe one or more classes of provider that are exempt from schools initial registration charge.