Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Education Services for Overseas Students Legislation Amendment (Tuition Protection Service and Other Measures) Bill 2011

Schedule 8 Miscellaneous

Part 1 Main amendments

Education Services for Overseas Students Act 2000

1  Section 9A

Repeal the section.

2  Section 40 (note)

Omit “or re-registration (see section 9A)”.

3  Sections 92A and 92B

Repeal the sections.

4  Section 110

Repeal the section.

5  At the end of Part 6

Add:

Division 4 Enforceable undertakings

110A   Acceptance of undertakings

             (1)  The Secretary may accept any of the following undertakings:

                     (a)  a written undertaking given by a registered provider that the provider will take specified action in order for the provider to comply with a provision of this Act, the national code or a condition of the provider’s registration;

                     (b)  a written undertaking given by a registered provider that the provider will refrain from taking specified action in order for the provider to comply with a provision of this Act, the national code or a condition of the provider’s registration;

                     (c)  a written undertaking given by a registered provider that the provider will take specified action directed towards ensuring that, in the future, the provider does not (or is unlikely to) contravene a provision of this Act, the national code or a condition of the provider’s registration.

             (2)  The provider may withdraw or vary the undertaking at any time, but only with the written consent of the Secretary.

             (3)  The consent of the Secretary is not a legislative instrument.

             (4)  The Secretary may, by written notice given to the provider, cancel the undertaking.

110B   Enforcement of undertakings

             (1)  The Secretary may apply to the Federal Court of Australia, or the Federal Magistrates Court, for an order under subsection (2) if:

                     (a)  a registered provider has given an undertaking under section 110A; and

                     (b)  the undertaking has not been withdrawn or cancelled; and

                     (c)  the Secretary considers that the provider has breached the undertaking.

             (2)  If the Court is satisfied that the provider has breached the undertaking, the Court may make any or all of the following orders:

                     (a)  an order directing the provider to comply with the undertaking;

                     (b)  an order directing the provider to pay to the Commonwealth an amount up to the amount of any financial benefit that the provider has obtained directly or indirectly and that is reasonably attributable to the breach;

                     (c)  any order that the Court considers appropriate directing the provider to compensate any person who has suffered loss or damage as a result of the breach;

                     (d)  any other order that the Court considers appropriate.

6  At the end of subsection 113(4)

Add:

               ; or (e)  an officer or employee of an administrator or liquidator of a registered provider or former registered provider.

7  At the end of subsection 116(3)

Add:

               ; or (e)  an officer or employee of an administrator or liquidator of a registered provider or former registered provider.

8  After subsection 170(2)

Insert:

       (2AA)  Without limiting subsection (2), the Secretary may, by signed writing, delegate all or any of the Secretary’s power under Subdivision A of Division 2 of Part 7 (production notices) toa person in the Department who holds, or is acting in, an Executive Level 1 or 2, or equivalent, position.

9  Section 176A

Repeal the section.



 

Part 2 Consequential amendment

Education Services for Overseas Students Act 2000

10  At the end of section 83A

Add:

•      The Secretary may accept a written undertaking under Division 4 relating to complying with a provision of this Act, the national code or a provision of a provider’s registration. The Secretary may apply to a court to enforce the undertaking.

(198/11)