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Education Services for Overseas Students Act 2000
No. 164, 2000
In force
Administered by
Department of Education
Superseded version
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C2004A00757
21 December 2000
-
14 July 2001
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Table of contents
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Part 1—Introduction
1 Short title
2 Commencement
3 Crown to be bound
4 Criminal Code applies
5 Definitions
6 Meaning of associate
7 Meaning of course money
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Part 2—Registration of approved providers
8 Offence: providing or promoting a course without a registered provider
9 Registering approved providers
10 The Register
11 Approved providers must notify the Secretary and designated authority of previous breaches etc.
12 Initial registration charge
13 Fund Manager may require information
14 Notifying States if the Minister suspects non-compliance with this Act or the national code
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Part 3—Obligations on registered providers
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Division 1—General obligations
15 Registered providers must not engage in misleading or deceptive conduct
16 Residency requirement
17 Registered providers must notify the Secretary of breaches etc. by associates
18 Only registered providers may receive course money
19 Giving information about accepted students
20 Sending students notice of visa breaches
21 Record keeping
22 Registered providers must belong to a tuition assurance scheme
23 Annual registration charge
24 Annual Fund contributions
25 Special levies for the Fund
26 Disclosure obligations of registered providers
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Division 2—Refunds of course money
27 When this Division applies
28 Refund if there is a written agreement about student default
29 Refund in other cases
30 Recovering the amount
31 Alternative arrangements
32 Registered provider must notify the Fund Manager of non-compliance
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Part 4—The national code
33 The national code
34 Purpose of the national code
35 National code must be publicly available
36 Minister must consult States and industry representatives
37 Establishing the national code
38 Contents of the national code
39 When the national code takes effect
40 Legal effects of the national code
41 Notification of the national code
42 Amending the national code
43 States to investigate breaches of the national code
44 Regulations may prescribe penalties
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Part 5—The ESOS Assurance Fund
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Division 1—Basics of the Fund
45 Establishment of the Fund
46 Purpose of the Fund
47 What money goes into the Fund
48 What money comes out of the Fund
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Division 2—The Fund Manager
49 Appointment of the Fund Manager
50 Functions and powers of the Fund Manager
51 Terms and conditions of the appointment of the Fund Manager
52 Acting Fund Manager
53 Indemnity
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Division 3—The Contributions Review Panel
54 Establishment of the Panel
55 Functions and powers of the Panel
56 Terms and conditions of Panel members
57 Procedures of the Panel
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Division 4—Annual Fund contributions and special levies
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Subdivision A—Annual Fund contributions
58 Fund Manager to set contributions
59 How the contributions criteria are determined
60 Content of the contributions criteria
61 Changing the contributions criteria
62 Dissemination of contributions criteria
63 Notice of amount of annual Fund contribution
64 Notifying the Secretary of initial contributions
65 Increasing annual Fund contributions
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Subdivision B—Rights of review
66 Applying to the Fund Manager for a review of the contribution amount
67 Review by the Fund Manager
68 Applying for review by the Panel
69 Review by the Panel
70 Fees for review
71 Refund of overpaid contributions
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Subdivision C—Special levies
72 Special levies
73 Amount of the levy
74 Fund Manager must give written notice
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Subdivision D—Reminder notices for late payers
75 Reminder notices
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Division 5—Calls on the Fund
76 When a call is made on the Fund
77 What the Fund Manager must do when a call is made
78 Taking the student’s place as creditor
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Division 6—Miscellaneous
79 Investments
80 Financial accountability
81 No income tax
82 Future cessation of the Fund
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Part 6—Enforcement
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Division 1—Conditions, suspension and cancellation
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Subdivision A—Sanctions for non-compliance etc.
83 Minister may impose sanctions for non-compliance etc.
84 Minister may take further action
85 Minister may take action for breaches occurring before provider was registered
86 Examples of conditions
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Subdivision B—Suspension and cancellation by the Minister
87 Suspension for financial difficulty etc.
88 Cancellation if suspended providers cease to provide courses
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Subdivision C—Automatic suspension and cancellation
89 Automatic suspension for loss of approval
90 Automatic suspension for non-payment of annual Fund contribution or special levy
91 Automatic cancellation of registration for provider who ceases to be approved for a course for a State
92 Automatic cancellation for bankruptcy
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Subdivision D—Common rules for conditions, suspension and cancellation
93 Procedure for taking action etc.
94 Minister may remove condition or suspension
95 Effect of suspension
96 Updating the Register
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Division 2—Immigration Minister’s suspension certificate
97 Immigration Minister may give a registered provider a suspension certificate
98 Procedure for issuing certificate
99 Content of certificate
100 Duration of certificate
101 Effect of certificate: offence
102 Further certificates
103 Updating the Register
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Division 3—Offences
104 Notification requirements
105 Record-keeping
106 Infringement notices
107 Failing to identify registered provider in written material
108 Providing false or misleading information
109 Access to electronic notification system
110 Bogus providers
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Part 7—Monitoring and searching providers
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Division 1—Introduction
111 Powers conferred on magistrates in their personal capacity
112 Immunity of magistrates
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Division 2—Notices requiring information and documents
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Subdivision A—Production notices
113 Production notices
114 Contents of the production notice
115 Serving production notices
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Subdivision B—Attendance notices
116 Attendance notices
117 Contents of the attendance notice
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Subdivision C—Common rules for production and attendance notices
118 Scales of expenses
119 Reasonable compensation for giving copies
120 Offence: failing to comply with a notice
121 Offence: giving false or misleading information
122 Offence: giving false or misleading document
123 Information and documents that incriminate a person
124 Copies of documents
125 Employee may retain documents
126 Owner of document must be given copy
127 Retaining documents
128 Employee may apply to magistrate or tribunal member for a further period
129 Magistrate or tribunal member may order retention for further period
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Division 3—Monitoring warrants
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Subdivision A—Monitoring powers
130 Authorised employee may enter premises for a monitoring purpose
131 Monitoring powers of authorised employees
132 Authorised employee on premises with consent may ask questions
133 Authorised employee on premises under warrant may ask questions
134 Offence: failure to answer question
135 Offence: giving false or misleading information
136 Offence: giving or showing documents that are false or misleading in material particulars
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Subdivision B—Applying for monitoring warrants
137 Authorised employee may apply for a monitoring warrant
138 Magistrate or tribunal member may issue a monitoring warrant
139 Magistrate or tribunal member may require more information
140 Contents of monitoring warrant
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Division 4—Search warrants
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Subdivision A—Search powers
141 Authorised employee may enter premises to look for evidential material
142 Search powers of authorised employees
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Subdivision B—Applying for search warrants
143 Authorised employee may apply for a search warrant
144 Magistrate or tribunal member may issue a search warrant
145 Magistrate or tribunal member may require more information
146 Contents of a search warrant
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Division 5—Common rules for monitoring warrants and search warrants
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Subdivision A—Common powers etc. under monitoring warrants and search warrants
147 Use of reasonable force and assistance
148 Use of electronic equipment in exercising search or monitoring powers
149 Securing electronic equipment for use by experts
150 Extension of period
151 Powers without warrant in emergency situations
152 Retaining seized things
153 Authorised employee may apply for a thing to be retained for a further period
154 Magistrate or tribunal member may order that the thing be retained
155 Occupier to provide authorised employee with all facilities and assistance
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Subdivision B—Obligations on authorised employees etc.
156 Being on premises with consent
157 Consent
158 Announcement before entry
159 Copy of warrant to be given to the occupier before entry
160 Compensation for damage to electronic equipment or data
161 Occupier entitled to be present during execution of the monitoring warrant
162 Identity cards
163 Authorised employee must produce identity card on request
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Subdivision C—Issue of warrants by telephone etc.
164 Employee may apply for warrants by telephone etc.
165 Magistrate or tribunal member may grant warrant by telephone etc.
166 Procedure for issuing warrant by telephone etc.
167 Procedure after telephone warrant ceases or is executed
168 Form of warrant authorises exercise of power
169 Court to assume that exercise of power not authorised by telephone etc. warrant
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Part 8—Miscellaneous
170 Delegation
171 Reinstatement fee
172 Late payment penalty
173 Debts due to the Commonwealth
174 Amounts payable by unincorporated bodies
175 Giving information to relevant bodies
176 Review of decisions
176A Review of this Act
177 Regulations
