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Education Services for Overseas Students Amendment (Streamlining Regulation) Bill 2015

Schedule 5 Other amendments

Part 1 Amendments commencing on the day after Royal Assent

Education Services for Overseas Students Act 2000

1  Section 5

Insert:

applicable number of days has the meaning given by subsection 19(1A).

2  Section 5 (definition of study period )

Repeal the definition.

3  Section 15A (paragraph relating to Division 2)

Repeal the paragraph, substitute:

•      Division 2 deals with tuition fees. In general, a registered provider must not receive more than 50% of the total tuition fees for a course before an overseas student begins the course. The provider must keep those fees in a separate account.

4  Subsection 19(1)

Omit “14 days”, substitute “the applicable number of days”.

5  After subsection 19(1)

Insert:

          (1A)  The applicable number of days is:

                     (a)  if the accepted student is less than 18 years old and the information is of a kind referred to in paragraph (1)(c) or (d)—14 days; or

                     (b)  otherwise—31 days.

6  Section 22

Repeal the section.

7  Subsection 27(1) (heading)

Repeal the heading.

8  Subsections 27(2) and (3)

Repeal the subsections, substitute:

             (2)  Subsection (1) does not apply if:

                     (a)  either of the following choose to pay more than 50% of the overseas student’s, or intending overseas student’s, total tuition fees for a course before the student has begun the course:

                              (i)  the student;

                             (ii)  a person who is responsible for paying those fees; or

                     (b)  the course has a duration of 25 weeks or less.

10  Section 33A

Omit:

•      The purpose of the code is to provide nationally consistent standards and procedures for registered providers in providing courses to overseas students, dealing with agents and other providers, and providing refunds.

substitute:

•      The purpose of the national code is to provide nationally consistent standards and procedures for registered providers and persons who deliver educational services on behalf of such providers.

11  Section 34

Omit “for the conduct of registered providers and the conduct of”, substitute “and procedures for registered providers and”.

12  Paragraph 38(g)

Omit “relating to refunds under Division 2 of Part 5”, substitute “with overseas students or intending overseas students”.

14  Section 47C

Repeal the section.

16  Subsection 47H(1)

Repeal the subsection (not including the note), substitute:

             (1)  A registered provider must give a notice in accordance with this section if:

                     (a)  an overseas student or intending overseas student defaults in relation to a course provided by the provider at a location; and

                     (b)  the provider is required to provide a refund under section 47E.

17  Paragraph 47H(3)(a)

Omit “47D or”.

Part 2 Amendments commencing on 1 July 2016

Education Services for Overseas Students Act 2000

19  Section 23

Before “A registered provider who is”, insert “(1)”.

20  Section 23 (note 1)

Omit “Note 1”, substitute “Note”.

21  Section 23 (note 2)

Repeal the note.

22  At the end of section 23

Add:

             (2)  If the registered provider does not comply with subsection (1), the Secretary must give the provider a written notice that:

                     (a)  specifies the amount of the annual registration charge that the provider is liable to pay; and

                     (b)  states that the provider must pay that amount, and the late payment penalty for the charge, by the end of the seventh day after the notice is given to the provider; and

                     (c)  sets out the effect of section 90.

Note:          Section 90 provides that the provider’s registration is automatically suspended if the provider does not comply with the notice.

             (3)  If:

                     (a)  the registered provider does not comply with the notice; and

                     (b)  the Secretary is not the ESOS agency for the provider;

the Secretary must notify the ESOS agency for the provider of the failure.

23  Section 23A

Repeal the section, substitute:

23A   Second and third entry to market charges

             (1)  A registered provider who is liable to pay the second entry to market charge must pay the charge by the end of the day referred to in subsection 6(5) of the Education Services for Overseas Students (Registration Charges) Act 1997 .

             (2)  A registered provider who is liable to pay the third entry to market charge must pay the charge by the end of the day referred to in subsection 6(7) of the Education Services for Overseas Students (Registration Charges) Act 1997 .

             (3)  If the registered provider does not comply with subsection (1) or (2) of this section, the Secretary must give the provider a written notice that:

                     (a)  specifies the amount of the second entry to market charge or third entry to market charge that the provider is liable to pay; and

                     (b)  states that the provider must pay that amount, and the late payment penalty for the charge, by the end of the seventh day after the notice is given to the provider; and

                     (c)  sets out the effect of section 90.

Note:          Section 90 provides that the provider’s registration is automatically suspended if the provider does not comply with the notice.

             (4)  If:

                     (a)  the registered provider does not comply with the notice; and

                     (b)  the Secretary is not the ESOS agency for the provider;

the Secretary must notify the ESOS agency for the provider of the failure.

24  Paragraphs 90(1)(b) and (c)

Repeal the paragraphs, substitute:

                     (b)  fails to comply with a notice given under section 23 or 23A;