Commonwealth Consolidated Acts

EDUCATION SERVICES FOR OVERSEAS STUDENTS LEGISLATION AMENDMENT (TUITION PROTECTION SERVICE AND OTHER MEASURES) ACT 2012 - SCHEDULE 4

Part   1 -- A mendments

Education Services for Overseas Students Act 200 0

1   Section   5 (definition of course money )

Repeal the definition.

2   Section   5 ( subparagraph   ( b)(ii) of the definition of monitoring purpose )

Omit " course money " , substitute "pre - paid fees " .

3   Section   5

Insert:

"tuition fees" has the meaning given by section   7.

4   Section   7

Repeal the section, substitute:

7   Meaning of tuition fees

    In this Act:

"tuition fees" :

  (a)   means fees a provider receives, directly or indirectly, from:

  ( i )   an overseas student or intending overseas student; or

  ( ii )   another person who pays the fees on behalf of an overseas student or intending overseas student;

    that are directly related to the provision of a course that the provider is providing, or offe ring to provide, to the student; and

  (b)   without limiting paragraph   ( a), includes any classes of fees prescribed by the regulations for the purposes of this paragraph; and

  (c)   without limiting paragraph   ( a), excludes any classes of fees prescribed by the regulations for the purposes of this paragraph.

5   S ubs ection   18 (1)

Omit " course money " (wherever occurring) , substitute " tuition fees " .

6   Subsection   18(1A)

Omit " course money " , substitute " tuition fees " .

7   Subsection   18( 2 ) (not including the note)

Repeal the subsection.

8   Subsection   21(1)

Omit " course money " , substitute " tuition fees " .

9   Paragraph 38(g)

Omit " course money " , substitute " pre - paid fees " .

10   Paragraph 83(1A)(b)

Omit " course money " , substitute "pre - paid fees " .

Part   2 -- Application provision

11   Application

The amendments made by this Schedule apply in relation to any tuition fees for a course that are received by a registered provider after this item commences .