Commonwealth Consolidated Acts

EDUCATION SERVICES FOR OVERSEAS STUDENTS (REGISTRATION CHARGES) AMENDMENT ACT 2011 - SCHEDULE 1

Education Services for Overseas Students (Registration Charges) Act 1997

1   Subsection 5(2)

Repeal the subsection, substitute:

Amount of the charge

  (2)   The amount of the charge for the provider for the year (the charge year ) is the sum of the following components:

  (a)   $1,300;

  (b)   $10 multiplied by the total enrolments for the provider in the previous year;

  (c)   $100 multiplied by the total number of courses for which the provider is registered on 1   January of the charge year;

  (d)   if the Minister has taken action against the provider under section   83 of the Education Services for Overseas Students Act 2000 in the previous year--$1,000.

Note 1:   The dollar amounts are indexed under section   7.

Note 2:   Regulations made under subsection   (7) of this section may provide for lower dollar amounts and exemptions.

2   Subsection 5(3)

Omit "provided by the provider", substitute "for which the provider is registered".

Note:   The following heading to subsection 5(3) is inserted " Total enrolments ".

3   Paragraph 5(4)(b)

Repeal the paragraph, substitute:

  (b)   for a course of 13 or more weeks, but less than 26 weeks, duration--each student who is enrolled in the course at any time during the year counts as 0.5 of an enrolment; and

  (c)   for a course of less than 13 weeks duration--each student who is enrolled in the course at any time during the year counts as 0.25 of an enrolment.

4   At the end of section   5

Add:

  (6)   For the purposes of this section, if:

  (a)   a provider is registered to provide a course for a State; and

  (b)   the Register lists one or more locations within the State where the course will be provided;

the course is taken to be a separate course at each of those locations.

Regulations

  (7)   The regulations may prescribe any one or more of the following:

  (a)   a lower dollar amount for the purposes of paragraph   (2)(a);

  (b)   one or more classes of providers who may pay the lower dollar amount prescribed under paragraph   (a) of this subsection;

  (c)   one or more classes of providers who are exempt from the requirement to pay:

  (i)   the annual registration charge entirely; or

  (ii)   one or more components of the charge listed in paragraph   (2)(a), (b) or (c).

  (8)   Regulations made under subsection   (7) must be expressed to apply to the first calendar year beginning after the regulations are made and all later calendar years.

Note:   The following heading to subsection 5(5) is inserted " Working out what constitutes a course ".

5   Section   5A

Repeal the section.

6   Section   6

Repeal the section, substitute:

6   Entry to market charges

Application of section

  (1)   This section applies if:

  (a)   a designated authority for a State recommends under section   9 of the Education Services for Overseas Students Act 2000 (the ESOS Act ) that a provider be registered under that Act to provide a course for the State to overseas students; and

  (b)   the provider meets the requirements in subsection 9(2) of that Act, other than the requirement in paragraph 9(2)(aa); and

  (c)   at the time the provider meets those requirements, the provider is not registered to provide any course for any State.

Amount of the entry to market charges and due dates

  (2)   The provider is (subject to subsection   (3) of this section) liable to pay 3 entry to market charges of the amount specified in column 1 by the time specified in column 2.

Note:   The dollar amounts of the charges are indexed under section   7.

  (3)   A provider is liable to pay the second or third entry to market charge only if the provider is still registered to provide the course for the State on the relevant anniversary referred to in column 2 of table item   2 or 3.

Exemptions from the charges

  (4)   The regulations may prescribe one or more classes of providers who are exempt from the requirement to pay the entry to market charges.

7   Subsection 7(1)

Omit "initial registration charge for any year (the current year ) after 2004", substitute "an entry to market charge for a year (the current year ) after the initial year".

Note:   The following heading to subsection 7(1) is inserted " Application of section ".

8   Subsection 7(1A)

Omit "after 2004, unless that year is the first year to which a particular section   5A instrument applies", substitute "after the initial year, unless that year is the first year to which regulations made under paragraph 5(7)(a) apply".

9   Subsection 7(1A) (note)

Omit "the instrument", substitute "the regulations".

10   Subsection 7(2)

Omit "or in an instrument in effect under section   5A, and the amount specified in the formula", substitute ", in regulations made under paragraph 5(7)(a), or in column 1 of the table".

Note 1:   The following heading to subsection 7(2) is inserted " Indexation formula ".

Note 2:   The following heading to subsection 7(3) is inserted " Rounding factors and amounts ".

Note 3:   The following heading to subsection 7(5) is inserted " Changes to CPI ".

11   At the end of section   7

Add:

Definition of initial year

  (6)   In this section, the initial year means the first calendar year in which the dollar amounts specified in subsection 5(2), and in the table in subsection 6(2), are imposed under section   8.

12   Section   8

Omit "the initial registration charge", substitute "the entry to market charges".

13   Section   9

Repeal the section, substitute:

9   Regulations

    The Governor - General may make regulations prescribing matters:

  (a)   required or permitted by this Act to be prescribed; or

  (b)   necessary or convenient to be prescribed for carrying out or giving effect to this Act.

14   Application

(1)   The amendments made by this Schedule (other than the amendments made by items   6 and 13 of this Schedule) apply on and after the first 1   January that occurs after this Schedule commences.

(2)   The amendment made by item   6 of this Schedule applies in relation to any recommendation made by a designated authority under section   9AA of the Education Services for Overseas Students Act 2000 on or after the first 1   January that occurs after this Schedule commences.

Notes to the Education Services for Overseas Students (Registration Charges) Amendment Act 2011

Note 1

The Education Services for Overseas Students (Registration Charges) Amendment Act 2011 as shown in this compilation comprises Act No.   105 , 20 11 amended as indicated in the Tables below.

Table of Acts

(a)   Subsection 2(1) (item s   6 and 8 ) of the Education Services for Overseas Students Legislation Amendment (Tuition Protection Service and Other Measures) Act 2012 provides as follows:

  (1)   Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Table of Amendments