Statutory Rules 1991 No. 3641
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Education Services for Overseas Students
(Registration of Providers and Financial
Regulation) Regulations
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Education Services for Overseas Students (Registration of Providers and Financial Regulation) Act 1991.
Dated 20 November 1991.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
JOHN DAWKINS
Minister of State for Employment,
Education and Training
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Citation
1. These Regulations may be cited as the Education Services for Overseas Students (Registration of Providers and Financial Regulation) Regulations.
Interpretation
2. In these Regulations, unless the contrary intention appears:
“Act” means the Education Services for Overseas Students (Registration of Providers and Financial Regulation) Act 1991;
“administrative fee” means a fee for processing an application for enrolment in a course;
“student” includes an overseas student and an intending overseas student;
“terminate”, in relation to a provided course, means to cease providing the course before completion of the course;
“withdraw”, in relation to a provided course, means:
(a) to discontinue attendance as a student at a course before the end of the course; and
(b) to give written advice of the discontinuance to the provider of the course;
“year” means financial year.
Information to be kept on the Register
3. (1) For the purposes of paragraph 5 (2) (d) of the Act, the following matters are prescribed:
(a) the business address of each approved provider;
(b) the period of registration of the approved provider;
(c) the number of student places available for each course provided by the approved provider.
(2) For the purposes of section 5 of the Act, the designated authority in a State must give to the Secretary the following information about each approved provider of a course in the State:
(a) the name of the approved provider;
(b) if the approved provider is not a natural person—the principal executive officer;
(c) the business address of the approved provider;
(d) the period for which the approved provider is to be registered;
(e) the course or courses provided by the approved provider;
(f) the educational level of each course provided;
(g) the fee charged for each course provided;
(h) the number of student places available for each course provided.
Amounts not refundable
4. For the purposes of paragraph 6 (2) (a) of the Act, the following amounts are not refundable:
(a) an amount paid by or for a student to an agent of a provider as an agreed commission or agent’s fee;
(b) an amount paid by or for a student to a provider as an agreed administrative fee, to the extent that the amount is not greater than 20 % of the fee payable for the course.
Refunds of course fees
5. If there is a written agreement between a provider and a student relating to the student’s intention to undertake a provided course, the provider must set out in the agreement:
(a) the terms (if any) on which; and
(b) the extent to which;
the fee for the course will be repaid if:
(c) the provider terminates the course; or
(d) the student withdraws from the course.
Allowable cost for provision of a course
6. If, in relation to a course provided to a student:
(a) an amount is held by the provider in accordance with subsection 6 (1) of the Act; and
(b) the provider terminates the course or the student withdraws; and
(c) there is not an agreement complying with regulation 5;
the provider may take out of the amount, to meet the cost of providing the course, an amount that is:
(d) if the course is not longer than 4 weeks—50 % of the cost; or
(e) if the course is longer than 4 weeks but not longer than 6 months:
(i)if the termination or withdrawal occurs before the end of 3 months after commencement of the course—
50 % of the cost; or
(ii) if the termination of withdrawal occurs after the end of 3 months after commencement of the course—
75% of the cost; or
(f) if the course is longer than 6 months:
(i)if the termination or withdrawal occurs before the end of 4 months after commencement of the course—50 % of the cost; or
(ii) if the termination or withdrawal occurs after the end of 4 months after commencement of the course and before the end of 8 months after commencement—65 % of the cost; or
(iii) if the termination or withdrawal occurs after the end of 8 months after commencement of the course—85 % of the cost.
Returns and other information
7. (1) For the purposes of paragraph 8 (1) (a) of the Act, the Form set out in Schedule 1 is prescribed.
(2) For the purposes of paragraph 8 (1) (c) of the Act, the following particulars are prescribed:
(a) the year to which the return relates;
(b) the provider’s name;
(c) if the provider is not a natural person—the provider’s registered name;
(d) the provider’s registered business address;
(e) the total funds held in a special account maintained by the provider at the beginning of the year;
(f) the total funds held in a special account maintained by the provider at the end of the year;
(g) the number of course enrolments to which the funds in paragraph (e) relate;
(h) the number of course enrolments to which the funds in paragraph (f) relate;
(i)the funds deposited in a special account maintained by the provider during the year;
(j) the number of course enrolments to which the funds in paragraph (i) relate.
(3) In this regulation, “beginning of the year” means, in respect of the year in which these Regulations come into force, the date of commencement of the Regulations.
Exemptions
8. For the purposes of subsections 6 (3), 7 (3) and 8 (3) of the Act, a provider listed in column 2 of an item in Schedule 2 is exempted, respectively:
(a) from the requirements of subsection 6 (1) of the Act; and
(b) from the requirements of subsection 7 (1) of the Act; and
(c) from the requirements of subsection 8 (1) of the Act.
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SCHEDULE 1
Form
Subregulation 7 (1)
commonwealth of australia
Education Services for Overseas Students (Registration of Providers and Financial Regulation) Act 1991
STATEMENT OF SPECIAL ACCOUNT FUNDS HELD ON BEHALF OF OVERSEAS STUDENTS FOR THE YEAR ENDING......./........./......
Name of provider:...........................................................................
(If a business or company—the registered name)
Registered business address of provider:
...............................................................................................
...............................................................................................
(a) Total special account funds held ......./......../........ $.................
(beginning of the year)
(b) Total special account funds held ....../......../.......... $.................
(end of the year)
(c) Number of course enrolments to which
item (a) relates....................
(d) Number of course enrolments to which
item (b) relates....................
(e) Special account funds deposited during
the year $..................
SCHEDULE 1—continued
(f) Number of course enrolments to which
item (d) relates....................
I declare the information set out in this statement to be correct.
Dated...............................................19 .
..............................................................
(signature of principal executive officer)
I/We certify that I/we have audited, to the extent appropriate for the purpose of this certificate, the accounts and records of ....(name of provider)....for the year ending (date) in accordance with the Australian Auditing Standards. In my/our opinion, the particulars set out in this statement are correct and ....(name of provider).... has:
(a) complied with subsections 6 (1), (4) and (5) of the Act; or
(b) complied with subsections 6 (1), (4) and (5) of the Act subject to the following qualifications:
Dated.............................................19 .
.......................................................................
(signature of Auditor/s)
( name and address of registered auditor/s)
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