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EDUCATION SERVICES FOR OVERSEAS STUDENTS LEGISLATION AMENDMENT (TUITION PROTECTION SERVICE AND OTHER MEASURES) ACT 2012 - NOTES

No. 9, 2012 as amended

Compilation start date:   1 July 2012

Includes amendments up to: Act No. 31, 2014

 

About this compilation

This compilation

This is a compilation of the Education Services for Overseas Students Legislation Amendment (Tuition Protection Service and Other Measures) Act 2012 as in force on 1 July 2012. It includes any commenced amendment affecting the legislation to that date.

This compilation was prepared on 29 May 2014.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of each amended provision.

Uncommenced amendments

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.

Provisions ceasing to have effect

If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes.

 

 

Contents

1 Short title

2 Commencement

3 Schedule(s)

4 Regulations

Schedule 1--Tuition protection service

Part 1--Main amendments

Education Services for Overseas Students Act 2000

Part 2--Consequential amendments

Education Services for Overseas Students Act 2000

Tertiary Education Quality and Standards Agency Act 2011

Part 3--Contingent amendments

Division 1--Amendment that will not commence if the Registration Charges Acts commence first

Education Services for Overseas Students Act 2000

Division 2--Amendment commencing immediately after the later of the commencement of Part 1 of this Schedule and the Registration Charges Acts

Education Services for Overseas Students Act 2000

Part 4--Repeal of the Education Services for Overseas Students (Assurance Fund Contributions) Act 2000

Education Services for Overseas Students (Assurance Fund Contributions) Act 2000

Part 5--Application, saving and transitional provisions

Division 1--Introduction

Division 2--Defaults

Division 3--The old Fund and the OSTF

Division 4--The Fund Manager and the Contributions Review Panel

Division 5--Payment of TPS levies

Division 6--Miscellaneous

Schedule 2--National registration

Part 1--Main amendments

Education Services for Overseas Students Act 2000

Part 2--Consequential amendments

Education Services for Overseas Students Act 2000

Part 3--Contingent amendments

Division 1--Amendment that will not commence if the Registration Charges Acts commence first

Education Services for Overseas Students Act 2000

Division 2--Amendments commencing immediately after the later of the commencement of Part 2 of this Schedule and the Registration Charges Acts

Education Services for Overseas Students Act 2000

Education Services for Overseas Students Amendment (Registration Charges Consequentials) Act 2011

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

Division 3--Repeal of provisions if this Act commences before item 7 of Schedule 1 to the Registration Charges Acts

Education Services for Overseas Students Amendment (Registration Charges Consequentials) Act 2011

Division 4--Repeal of provisions if this Act commences before other items in the Registration Charges Acts

Education Services for Overseas Students Amendment (Registration Charges Consequentials) Act 2011

Part 4--Application, saving and transitional provisions

Division 1--Definition of ESOS Act

Division 2--Application and transitional provisions for national registration

Division 3--Other application, saving and transitional provisions

Schedule 3--Pre-paid fees

Part 1--Amendments

Division 1--Main amendments

Education Services for Overseas Students Act 2000

Division 2--Consequential amendment

Education Services for Overseas Students Act 2000

Part 2--Application provision

Schedule 4--Tuition fees

Part 1--Amendments

Education Services for Overseas Students Act 2000

Part 2--Application provision

Schedule 5--Former accepted students

Part 1--Amendments

Education Services for Overseas Students Act 2000

Ombudsman Act 1976

Part 2--Application provision

Schedule 6--Record keeping requirements

Part 1--Amendments

Education Services for Overseas Students Act 2000

Part 2--Application and transitional provision

Schedule 7--Definition of designated authority

Part 1--Amendment that will not commence if the TEQSA Consequential Act commences first

Education Services for Overseas Students Act 2000

Part 2--Amendment commencing immediately after the later of Royal Assent and the commencement of the TEQSA Consequential Act

Education Services for Overseas Students Act 2000

Part 3--Amendment commencing immediately after the commencement of Division 2 of this Part

Education Services for Overseas Students Act 2000

Schedule 8--Miscellaneous

Part 1--Main amendments

Education Services for Overseas Students Act 2000

Part 2--Consequential amendment

Education Services for Overseas Students Act 2000

Endnotes

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

Endnote 5--Uncommenced amendments [none]

Endnote 6--Modifications [none]

Endnote 7--Misdescribed amendments [none]

Endnote 8--Miscellaneous [none]

Endnotes

Endnote 1--About the endnotes

The endnotes provide details of the history of this legislation and its provisions. The following endnotes are included in each compilation:

 

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

Endnote 5--Uncommenced amendments

Endnote 6--Modifications

Endnote 7--Misdescribed amendments

Endnote 8--Miscellaneous

 

If there is no information under a particular endnote, the word "none" will appear in square brackets after the endnote heading.

 

Abbreviation key--Endnote 2

The abbreviation key in this endnote sets out abbreviations that may be used in the endnotes.

 

Legislation history and amendment history--Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

 

The legislation history in endnote 3 provides information about each law that has amended the compiled law. The information includes commencement information for amending laws and details of application, saving or transitional provisions that are not included in this compilation.

 

The amendment history in endnote 4 provides information about amendments at the provision level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law.

 

Uncommenced amendments--Endnote 5

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in endnote 5.

 

Modifications--Endnote 6

If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6.

 

Misdescribed amendments--Endnote 7

An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7.

 

Miscellaneous--Endnote 8

Endnote 8 includes any additional information that may be helpful for a reader of the compilation.

 

Endnote 2--Abbreviation key

 

ad = added or inserted

pres = present

am = amended

prev = previous

c = clause(s)

(prev) = previously

Ch = Chapter(s)

Pt = Part(s)

def = definition(s)

r = regulation(s)/rule(s)

Dict = Dictionary

Reg = Regulation/Regulations

disallowed = disallowed by Parliament

reloc = relocated

Div = Division(s)

renum = renumbered

exp = expired or ceased to have effect

rep = repealed

hdg = heading(s)

rs = repealed and substituted

LI = Legislative Instrument

s = section(s)

LIA = Legislative Instruments Act 2003

Sch = Schedule(s)

mod = modified/modification

Sdiv = Subdivision(s)

No = Number(s)

SLI = Select Legislative Instrument

o = order(s)

SR = Statutory Rules

Ord = Ordinance

Sub-Ch = Sub-Chapter(s)

orig = original

SubPt = Subpart(s)

par = paragraph(s)/subparagraph(s)

/sub-subparagraph(s)

 

 

Endnote 3--Legislation history

 

Act

Number and year

Assent

Commencement

Application, saving and transitional provisions

Education Services for Overseas Students Legislation Amendment (Tuition Protection Service and Other Measures) Act 2012

9, 2012

20 Mar 2012

See s 2(1)

 

Statute Law Revision Act (No. 1) 2014

31, 2014

27 May 2014

Sch 2 (items 2, 3): (a)

--

 

(a) Subsection 2(1) (item  4) of the Statute Law Revision Act (No. 1) 2014  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.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

4.  Schedule 2, items 2 and 3

Immediately after the time specified in the Education Services for Overseas Students Legislation Amendment (Tuition Protection Service and Other Measures) Act 2012 for the commencement of Parts 1 and 2 of Schedule 2 to that Act.

1 July 2012

Endnote 4--Amendment history

 

Provision affected

How affected

Sch 2

 

hdg to item 79.............

rs No 31, 2014

item 79..................

am No 31, 2014

Endnote 5--Uncommenced amendments [none]

Endnote 6--Modifications [none]

Endnote 7--Misdescribed amendments [none]

Endnote 8--Miscellaneous [none]

 


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