Ms WORTH (Parliamentary Secretary to the Minister for Education, Training and Youth Affairs) (10:11 AM) —I move:

We are dealing with the Education Services for Overseas Students Bill 2000 and the Migration Legislation Amendment (Overseas Students) Bill 2000 again as there have been Senate amendments. The Education Services for Overseas Students Bill had Labor amendments passed in the other place. The Migration Legislation Amendment (Overseas Students)Bill had government amendments passed. The ESOS amendments are, in the government's view, unnecessary, because the points would have been covered by the government's provisions in the bill and the national code. However, in the interests of achieving passage of this very important legislation, the government has agreed to them. We note the opposition's cooperation in the passage of this legislation so that industry can benefit from an improved regulatory framework.

I turn to the clause 9 amendment, the fit and proper person test. The government had already proposed a provision for a fit and proper person test for the national code, which would contain the rules for registration on CRICOS. It would be legally enforceable and a disallowable instrument. The national code sets out the rules for the states, who would continue to approve providers for registration on the Commonwealth register. The national code also sets out the rules for providers to comply with. This would have been the more sensible instrument in which to include a fit and proper person test. The government would have preferred to continue to negotiate this provision with the states in the process of finalising the provisions of the national code. The states will have the key role to play in applying the test, so it is a matter of some regret that the opposition chose to cut short that consultation process by including this provision in the bill.

Clause 24, the insurance fund exemptions, incorporates in the bill exemptions from the requirement to belong to the assurance fund. The bill did have a provision to place these exemptions in the regulations in just the same way the 1991 act provided exemptions in the regulations from the notifiable trust account requirements. The opposition has again chosen to cut short the consultation process which was in hand on this aspect of the regulations. This purpose could have been achieved anyway through the regulations, and the process of consultation would have been far more satisfactory for both industry and the states. Once again, however, this was not something that would have justified the government delaying these important reforms, and the government agreed to this amendment. The government agreed to the clause 34 amendment, which again did not add to the provisions which were already in the bill and code.

The government amendments to the Migration Legislation Amendment (Overseas Students) Bill 2000 contain measures aimed at improving regulation of the education and training export industry and strengthening the integrity of the overseas student program. The first measure provides, in certain circumstances, for the automatic cancellation of student visas by operation of law and the discretionary revocation of the automatic visa cancellation. The second measure empowers Immigration officers to require the production of—and to search for, inspect and, in some cases, seize—relevant records held by education providers. These new powers are to be used where there is a reason to believe that the conditions of student visas are not being or have not been complied with.

The other chamber passed the government amendments to the bill yesterday. These amendments were necessary as a result of the recent Federal Court decision in Nong v. Minister for Immigration and Multicultural Affairs. The amendments impose a new version of condition 8202 on student visas and allow a student's compliance with the condition to be assessed during their course.

Mr DEPUTY SPEAKER (Mr Jenkins)—I might interrupt the parliamentary secretary to seek clarification that we have not dealt with the first bill before proceeding to the next bill. If the House has no objection, we might be able to deal with the two messages at once.

Mr Lee —To assist the House, the opposition has no objection to proceeding in that manner.

Mr DEPUTY SPEAKER —I thank the House for the clarification and apologise to the parliamentary secretary, but we now have that clarification.

Ms WORTH —Thank you, Mr Deputy Speaker. In addition, section 116 of the Migration Act 1958 is amended to permit cancellation of a student visa where the holder is not, or is likely not to be, a genuine student or where the holder has or will engage in conduct not contemplated by the visa. This new visa cancellation power in section 116 is discretionary.

Overall, the package of five bills achieves a comprehensive strengthening of a key export industry while maintaining the integrity which is essential to that industry's future—which of course is so very important to Australia. As I highlighted in the original debate, there are 150,000 international students studying in Australia in universities, VET institutions and English language courses in schools. Enrolments are up 14 per cent on 1999 figures.