An Act to impose the requirement to pay TPS levies, and for related purposes
Part 1—Preliminary
1 Short title
This Act may be cited as the Education Services for Overseas Students (TPS Levies) Act 2012.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | 20 March 2012 |
2. Sections 3 to 16 | At the same time as Part 1 of Schedule 1 to the Education Services for Overseas Students Legislation Amendment (Tuition Protection Service and Other Measures) Act 2012 commences. | 1 July 2012 |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Crown to be bound
This Act binds the Crown in each of its capacities.
4 Interpretation
Definitions
(1) In this Act:
administrative fee component for a registered provider for a year has the meaning given by section 6.
base fee component for a registered provider for a year has the meaning given by section 7.
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 in relation to that quarter.
overseas student tuition fees for a registered provider for a year is the amount of tuition fees received by the provider during the year in respect of an overseas student or intending overseas student.
risk rated premium component for a registered provider for a year has the meaning given by section 9.
September quarter means a period of 3 months starting on 1 July.
special tuition protection component for a registered provider for a year has the meaning given by section 10.
total enrolments for a registered provider for a year are worked out in accordance with section 5 of the Education Services for Overseas Students (Registration Charges) Act 1997.
Expressions used in the Education Services for Overseas Students Act 2000
(2) An expression used in this Act that is also used in the Education Services for Overseas Students Act 2000 has the same meaning as in that Act.
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 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 under paragraph 6(a) for the year;
(b) the amount under paragraph 7(a) for the year.
Note: Those amounts are indexed under section 8.
6 Administrative fee component
Subject to section 8, a registered provider’s administrative fee component for a year is the sum of:
(a) the amount (a dollar amount) determined in an instrument under section 7A for the purposes of this paragraph for that year; and
(b) the amount (a dollar amount) determined in an instrument under section 7A for the purposes of this paragraph for that year, 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
Subject to section 8, a registered provider’s base fee component for a year is the sum of:
(a) the amount (a dollar amount) determined in an instrument under section 7A for the purposes of this paragraph for that year; and
(b) the amount (a dollar amount) determined in an instrument under section 7A for the purposes of this paragraph for that year, 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.
7A Legislative instrument for purposes of section 6 or 7
Calendar year beginning on 1 January 2018
(1) Before the calendar year beginning on 1 January 2018, the Minister must, by legislative instrument, do all of the following:
(a) determine an amount for the purposes of paragraph 6(a) for that year;
(b) determine an amount for the purposes of paragraph 6(b) for that year;
(c) determine an amount for the purposes of paragraph 7(a) for that year;
(d) determine an amount for the purposes of paragraph 7(b) for that year.
Later calendar years
(2) Before the calendar year beginning on 1 January 2019 or a later calendar year, the Minister may, by legislative instrument, do one or more of the following:
(a) determine an amount for the purposes of paragraph 6(a) for that year;
(b) determine an amount for the purposes of paragraph 6(b) for that year;
(c) determine an amount for the purposes of paragraph 7(a) for that year;
(d) determine an amount for the purposes of paragraph 7(b) for that year.
Upper limit
(3) The Minister must not determine an amount in an instrument under this section for the purposes of paragraph 6(a) or (b) or 7(a) or (b) for a year that exceeds the following:
(a) for paragraph 6(a)—$107;
(b) for paragraph 6(b)—$2.15;
(c) for paragraph 7(a)—$215;
(d) for paragraph 7(b)—$5.38.
Note: Indexation under section 8 of the dollar amount under paragraph 6(a) or (b) or 7(a) or (b) may result in that amount exceeding the upper limit in this subsection that applies to the Minister’s determination‑making power.
Having regard to matters
(4) In making a legislative instrument under this section, the Minister must have regard to the sustainability of the OSTF.
(5) The Minister may also have regard to any other matter he or she considers appropriate.
8 Indexation of administrative and base fee components
(1) This section applies for the purpose of working out a dollar amount under paragraph 6(a) or (b) or 7(a) or (b) for the calendar year (the current year) beginning on 1 January 2019 or a later calendar year (the current year) if in the previous year the Minister did not make an instrument under section 7A for the purposes of that paragraph for the current year.
(2) The dollar amount under that paragraph is on 1 January of the current year replaced by the amount worked out using the formula:
Indexation factor
(2A) The indexation factor for a 1 January is the number worked out using the formula:
where:
base September quarter means the last September quarter before the reference September quarter.
reference 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 (2A) 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 index reference period 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 index reference period are to be used.
Publication
(7) The Minister must cause each amount worked out under subsection (2) to be made publicly available in any manner he or she considers appropriate.
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.
11 Rules for making legislative instrument under section 9 or 10
(1) The matters referred to in subsections 9(3) and 10(2) must be included in the same legislative instrument.
Having regard to matters
(2) In making a legislative instrument under those subsections, the TPS Director must have regard to:
(a) any advice of the Board in relation to the matters referred to in those subsections; and
(b) the sustainability of the OSTF.
(3) The Director may have regard to any other matter he or she considers appropriate.
Approval of the Treasurer
(4) Before the TPS Director makes (within the meaning of the Legislation Act 2003) a legislative instrument under subsections 9(3) and 10(2), the Treasurer must approve the legislative instrument in writing.
(5) An approval given under subsection (4) is not a legislative instrument.
Part 3—Other matters
12 Exemptions
The Minister may, by legislative instrument, prescribe one or more classes of registered providers who are exempt from the requirement to pay either or both of the following:
(a) the base fee component (or paragraph 7(a) of the base fee component);
(b) the risk rated premium component.
14 Imposition of requirement to pay the TPS levy
The requirement to pay TPS levies under the Education Services for Overseas Students Act 2000 is imposed by this section.
15 Section 114 of the Constitution
(1) If, apart from this section, this Act would purport to operate in a way that would be invalid because of section 114 of the Constitution, this Act does not have that operation.
(2) For the purposes of this section, assume that, in section 114 of the Constitution, State includes the Australian Capital Territory and the Northern Territory.
16 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.
