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Education Services for Overseas Students (TPS Levies) Bill 2011

Part 3 Miscellaneous


11   Rules relating to making a legislative instrument

             (1)  The matters referred to in subsections 9(3) and 10(2) must be included in the same legislative instrument.

Having regard to matters

             (2)  In making a legislative instrument under those subsections, the TPS Director must have regard to:

                     (a)  any advice of the Board in relation to the matters referred to in those subsections; and

                     (b)  the sustainability of the OSTF.

             (3)  The Director may have regard to any other matter he or she considers appropriate.

Approval of the Treasurer

             (4)  Before the TPS Director makes (within the meaning of the Legislative Instruments Act 2003 ) a legislative instrument under subsections 9(3) and 10(2), the Treasurer must approve the legislative instrument in writing.

             (5)  An approval given under subsection (4) is not a legislative instrument.

12   Exemptions

                   The Minister may, by legislative instrument, prescribe one or more classes of registered providers who are exempt from the requirement to pay either or both of the following:

                     (a)  the base fee component (or paragraph 7(a) of the base fee component);

                     (b)  the risk rated premium component.

13   Publication of administrative and base fee components

                   The TPS Director must make the dollar amounts of the administrative fee component and the base fee component for a year publicly available, in any manner he or she considers appropriate.

14   Imposition of requirement to pay the TPS levy

                   The requirement to pay TPS levies under the Education Services for Overseas Students Act 2000 is imposed by this section.

15   Section 114 of the Constitution

             (1)  If, apart from this section, this Act would purport to operate in a way that would be invalid because of section 114 of the Constitution, this Act does not have that operation.

             (2)  For the purposes of this section, assume that, in section 114 of the Constitution, State includes the Australian Capital Territory and the Northern Territory.

16   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.