Title Education Services for Overseas Students Bill 2000
Database Bills & Legislation
Long Title a Bill for an Act to regulate education services for overseas students, and for related purposes
Date 30-08-2000
Source House of Reps
Parl No. 39
Bill Number 00141
Bill Type Government
Portfolio Education, Training and Youth Affairs portfolio
Reps Bill Code M
Status Act
System Id legislation/bills/r1141_first/0009


Education Services for Overseas Students Bill 2000

Part 8—Miscellaneous

  

170  Delegation

Minister’s delegation

             (1)  The Minister may, by signed writing, delegate to the Secretary, or to an SES employee or acting SES employee in the Department, all or any of the Minister’s powers under this Act.

Secretary’s delegation

             (2)  The Secretary may, by signed writing, delegate to an SES employee or acting SES employee in the Department, all or any of the Secretary’s powers under this Act.

171  Reinstatement fee

             (1)  A registered provider is liable to pay a reinstatement fee if the suspension of, or a condition on, the registration of the provider is removed under subsection 89(2) or 90(2) or section 94.

When fee must be paid

             (2)  The fee must be paid by the day stated in a written notice that the Secretary gives to the provider.

             (3)  The day stated in the notice must be at least 28 days after the day the notice is given.

Amount of reinstatement fee

             (4)  The amount of the reinstatement fee is:

                     (a)  $100 for 2000; and

                     (b)  for a later year (the current year), the amount worked out by multiplying the reinstatement fee for the year before the current year by the indexation factor that applies to the current year.

             (5)  The indexation factor that applies to the current year is worked out using the following 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.

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.

             (6)  The indexation factor worked out under subsection (5) must be rounded up or down to 3 places (rounding up in the case of exactly halfway between).

             (7)  The amount worked out under paragraph (4)(b) must be rounded to the nearest whole dollar (rounding up in the case of 50 cents).

             (8)  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.

172  Late payment penalty

             (1)  A registered provider must pay a late payment penalty for any:

                     (a)  annual registration charge; or

                     (b)  reinstatement fee; or

                     (c)  annual Fund contribution or special levy;

payable by the provider that remains unpaid after the time when it became due for payment.

Amount of penalty

             (2)  The amount of the penalty is 20% per year on the unpaid amount calculated from the day when the original amount became due for payment.

173  Debts due to the Commonwealth

             (1)  The following are recoverable as debts due to the Commonwealth by action in a court of competent jurisdiction:

                     (a)  annual registration charge;

                     (b)  reinstatement fee or late payment penalty;

                     (c)  annual Fund contribution (other than a provider’s first annual Fund contribution) or special levy.

             (2)  In the case of an amount that relates to the Fund, the Fund Manager may recover the debt on behalf of the Commonwealth.

174  Amounts payable by unincorporated bodies

                   The following persons are jointly and severally liable to pay an amount for which a registered provider that is an unincorporated body is liable under this Act, the Education Services for Overseas Students (Registration Charges) Act 1997 or the Education Services for Overseas Students (Assurance Fund Contributions) Act 2000:

                     (a)  the principal executive officer of the provider at the time the liability arose;

                     (b)  if there was a body (however described) that governed, managed or conducted the affairs of the provider at that time—each of the persons who were members of that body at that time.

175  Giving information to relevant bodies

Giving information to government agencies and the Fund Manager

             (1)  For the purposes of:

                     (a)  promoting compliance with this Act and the national code; or

                     (b)  assisting with the regulation of providers; or

                     (c)  promoting compliance with the conditions of a particular student visa or visas, or of student visas generally; or

                     (d)  facilitating the monitoring and control of immigration;

the Secretary may give information obtained or received for the purposes of this Act to:

                     (e)  an agency of the Commonwealth, or of a State, that is responsible for or otherwise concerned with immigration or the regulation of providers; or

                      (f)  the Fund Manager.

Giving information to registered providers

             (2)  For the purposes of:

                     (a)  promoting compliance with this Act and the national code; or

                     (b)  promoting compliance with the conditions of a particular student visa or visas, or of student visas generally;

the Secretary may give information relating to an accepted student’s student visa to the registered provider for the accepted student.

176  Review of decisions

             (1)  An application may be made to the Administrative Appeals Tribunal for the review of:

                     (a)  a decision that an approved provider should not be registered under section 9; or

                     (b)  a decision to take any action under section 83, 87 or 88; or

                     (c)  a decision not to remove a suspension under subsection 89(2).

             (2)  If such a decision is made and a written notice of the decision is given to a person whose interests are affected by the decision, the notice must include:

                     (a)  a statement to the effect that application may be made to the Administrative Appeals Tribunal under the Administrative Appeals Tribunal Act 1975 for review of the decision; and

                     (b)  if the person is entitled to reasons for the decision under section 28 of that Act—a statement to the effect that the person may request, under that section, a statement that includes reasons for the decision.

             (3)  A breach of subsection (2) does not affect the validity of the decision concerned.

177  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.