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Education Services for Overseas Students (TPS Levies) Bill 2011

Part 2 The amount of the TPS levy

   

5   TPS levy

Registered providers

             (1)  A provider who is registered on 1 January of a year is liable to pay a TPS levy for the year.

Note:          This section extends to a registered provider whose registration has been suspended.

             (2)  The amount of the TPS levy for a registered provider for a year is the sum of the following components:

                     (a)  the provider’s administrative fee component for the year (see section 6);

                     (b)  the provider’s base fee component for the year (see section 7);

                     (c)  the provider’s risk rated premium component for the year (see section 9);

                     (d)  the provider’s special tuition protection component for the year (see section 10).

Note:          Classes of providers may be exempt from the requirement to pay either or both the base fee component or the risk rated premium component: see section 12.

Unregistered providers

             (3)  A provider who is not yet registered, but who is seeking to be registered under section 9AB of the Education Services for Overseas Students Act 2000 in a year, is liable to pay a TPS levy for the year.

             (4)  The amount of the TPS levy for such an unregistered provider for that year is the sum of the following components:

                     (a)  the amount specified in paragraph 6(a) for the year;

                     (b)  the amount specified in paragraph 7(a) for the year.

Note 1:       Those amounts are indexed under section 8.

Note 2:       Classes of providers may be exempt from the requirement to pay the amount in paragraph 7(a): see section 12.

6   Administrative fee component

                   A registered provider’s administrative fee component for a year is the sum of the following components:

                     (a)  $100;

                     (b)  $2 multiplied by the total enrolments for the provider for the previous year.

Note 1:       For total enrolments , see section 4.

Note 2:       The dollar amounts are indexed under section 8.

7   Base fee component

                   A registered provider’s base fee component for a year is the sum of the following components:

                     (a)  $200;

                     (b)  $5 multiplied by the total enrolments for the provider for the previous year.

Note 1:       For total enrolments , see section 4.

Note 2:       The dollar amounts are indexed under section 8.

8   Indexation of administrative and base fee components

             (1)  This section applies for the purpose of working out a dollar amount specified in paragraph 6(a) or (b) or 7(a) or (b) for any year (the current year ) after the initial year.

Note:          The TPS Director must make the indexed dollar amounts publicly available: see section 13.

Indexation formula

             (2)  The dollar amounts specified are to be adjusted for the current year by multiplying the amounts that applied to the year before the current year by the indexation factor worked out using the formula:

where:

index number , for a quarter, means the All Groups Consumer Price Index number that is the weighted average of the 8 capital cities and is published by the Australian Statistician for that quarter.

initial year means the first calendar year in relation to which the TPS levy is imposed under section 14.

previous September quarter means the September quarter before the recent September quarter.

recent September quarter means the September quarter in the year before the current year.

Rounding factors and amounts etc.

             (3)  The indexation factor worked out under subsection (2) must be rounded up or down to 3 places (rounding up in the case of exactly halfway between).

             (4)  Amounts worked out under subsection (2) for the purposes of paragraph 6(a) or 7(a) must be rounded to the nearest whole dollar (rounding up in the case of 50 cents).

             (5)  Amounts worked out under subsection (2) for the purposes of paragraph 6(b) or 7(b) must be rounded to the nearest whole cent (rounding up in the case of 0.5 cent).

             (6)  If at any time (whether before or after the commencement of this section) the Australian Statistician has changed or changes the reference base for the Consumer Price Index, then, for the purposes of applying this section after the change, only index numbers published in terms of the new reference base are to be used.

9   Risk rated premium component

             (1)  A registered provider’s risk rated premium component for a year is the sum of the provider’s risk components for each risk factor for the year.

             (2)  A registered provider’s risk component for a risk factor for a year is worked out in accordance with the following formula:

             (3)  Before the beginning of each year, the TPS Director must, by legislative instrument, specify the following for the purposes of subsection (2):

                     (a)  a percentage for that year;

                     (b)  one or more risk factors that reflect the risk of calls being made on the OSTF in respect of registered providers with that factor or those factors;

                     (c)  for each risk factor, the factor by which the specified percentage for that year is multiplied.

Note:          For rules relating to making the legislative instrument, see section 11.

10   Special tuition protection component

             (1)  A registered provider’s special tuition protection component for a year is worked out in accordance with the following formula:

             (2)  Before the beginning of each year, the TPS Director must, by legislative instrument, specify a percentage for that year for the purposes of subsection (1).

Note:          For rules relating to making the legislative instrument, see section 11.

             (3)  The percentage specified can be zero.