Federal Register of Legislation - Australian Government

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SR 1991 No. 364 Regulations as amended, taking into account amendments up to SR 1995 No. 13
Registered 25 Mar 2010
Start Date 14 Feb 1995
End Date 04 Jun 2001
Date of repeal 04 Jun 2001
Repealed by Repeal of the enabling legislation by Education Services for Overseas Students (Consequential and Transitional) Act 2000

EDUCATION SERVICES FOR OVERSEAS STUDENTS (REGISTRATION OF PROVIDERS AND FINANCIAL REGULATION) REGULATIONS
(#DATE 31:03:1995)

- Reprinted as at 31 March 1995
*1* The Education Services for Overseas Students (Registration of Providers and Financial Regulation) Regulations (in force under the Education Services for Overseas Students (Registration of Providers and Financial Regulation) Act 1991) as shown in this reprint comprise Statutory Rules 1991 No. 364 amended as indicated in the Tables below.
Table of Statutory Rules
Year and Date of Date of Application
Number Notification commencement saving or
in Gazette transitional
provisions
1991 No. 364 27 Nov 1991 27 Nov 1991
1992 No. 168 25 June 1992 25 June 1992 -
1994 No. 101 19 Apr 1994 1 June 1994 -
146 1 June 1994 1 June 1994 -
154 8 June 1994 24 June 1994 -
282 17 Aug 1994 24 Aug 1994 -
1995 No. 13 14 Feb 1995 14 Feb 1995 -
Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and substituted
Provision affected How affected
Heading to Part 1 ad. 1994 No. 154
R. 2 am. 1994 Nos. 101, 154 and 282; 1995 No. 13
R. 3 am. 1992 No. 168
R. 4 rs. 1994 Nos. 101 and 146; 1995 No. 13
R. 4A ad. 1995 No. 13
R. 5 rs. 1994 No. 101
am. 1994 No. 146; 1995 No. 13
R. 6 rs. 1994 No. 101
R. 6A ad. 1995 No. 13
R. 7 am. 1994 No. 101
R. 8 rs. 1994 No. 101
am. 1994 No. 154
R. 9 ad. 1994 No. 154
am. 1994 No. 282
R. 10 ad. 1994 No. 154
Part 2 (rr. 11-21) ad. 1994 No. 154
R. 11 ad. 1994 No. 154
rs. 1994 No. 282
R. 12 ad. 1994 No. 154
rep. 1994 No. 282
R. 13 ad. 1994 No. 154
rs. 1994 No. 282
R. 14 ad. 1994 No. 154
rep. 1994 No. 282
Rr. 15, 16 ad. 1994 No. 154
am. 1994 No. 282
R. 17 ad. 1994 No. 154
R. 18 ad. 1994 No. 154
am. 1994 No. 282
R. 18A ad. 1994 No. 282
Rr. 19-21 ad. 1994 No. 154
Schedule 1 am. 1992 No. 168
rs. 1994 No. 101
Form 1991 No. 364
am. 1992 No. 168
rs. 1994 No. 101
Schedule 2 rs. 1992 No. 168
rep. 1994 No. 101

EDUCATION SERVICES FOR OVERSEAS STUDENTS (REGISTRATION OF PROVIDERS AND
FINANCIAL REGULATION) REGULATIONS - TABLE OF PROVISIONS

TABLE

TABLE OF PROVISIONS
Regulation
PART 1 - GENERAL
1. Citation
2. Interpretation
3. Information to be kept on the Register
4. Withdrawals and payments out of notified trust accounts -
course enrolment fees
4A. Withdrawals and payments out of notified trust accounts -
tuition fees
5. Withdrawals and payments out of notified trust accounts -
other fees and charges
6. Course money in arrears
6A. Exemption from payment into notified trust account
7. Returns and other information
8. Exemptions
9. Other exemptions - membership of a TAS
10. Transitional exemptions from membership of TAS
PART 2 - TUITION ASSURANCE SCHEMES
11. Establishment of a TAS
13. TAS operators
15. Insurance policy requirements
16. Application for approval of a TAS
17. Approval of a TAS
18. Reporting requirements
18A. Reporting requirements - providers exempt from membership of
a TAS
19. Revocation of approval of a TAS
20. Review by Administrative Appeals Tribunal
21. Delegation by Minister
SCHEDULE 1
FORM
#ADD 28:3:1995

EDUCATION SERVICES FOR OVERSEAS STUDENTS (REGISTRATION OF PROVIDERS AND
FINANCIAL REGULATION) REGULATIONS - PART 1
PART 1 - GENERAL

EDUCATION SERVICES FOR OVERSEAS STUDENTS (REGISTRATION OF PROVIDERS AND
FINANCIAL REGULATION) REGULATIONS - REG 1
Citation

1. These Regulations may be cited as the Education Services for Overseas Students (Registration of Providers and Financial Regulation) Regulations.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

EDUCATION SERVICES FOR OVERSEAS STUDENTS (REGISTRATION OF PROVIDERS AND
FINANCIAL REGULATION) REGULATIONS - REG 2
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;
"course enrolment fees" has the meaning given in subregulation 6A (3);
"course money" has the same meaning as in section 6A of the Act;
"notified trust account" has the same meaning as in section 6A of the Act;
"reporting period" has the same meaning as in section 8 of the Act;
"student" includes an overseas student and an intending overseas student;
"TAS" means a tuition assurance scheme within the meaning of section 7A of the Act;
"TAS operator" means an association of providers that operates a TAS;
"terminate", in relation to a provided course, means to cease providing the course before completion of the course;
"tuition fees", in relation to a student:
(a) includes:
(i) any amount payable by the student to a provider by way of
commission and administration fees; and
(ii) if an amount of course money for course enrolment fees
exceeding $250 is paid to a provider by, or on behalf of, a student - the part of that amount that exceeds $250; and
(iii) if it is a requirement of the course being undertaken, or to
be undertaken, by the student that the student must live in the accommodation to which the following costs relate - the costs of board and lodging and any additional costs for the provision of domestic services; and
(b) does not include course enrolment fees;
"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.

EDUCATION SERVICES FOR OVERSEAS STUDENTS (REGISTRATION OF PROVIDERS AND
FINANCIAL REGULATION) REGULATIONS - REG 3
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 made available by the approved provider.

EDUCATION SERVICES FOR OVERSEAS STUDENTS (REGISTRATION OF PROVIDERS AND
FINANCIAL REGULATION) REGULATIONS - REG 4
Withdrawals and payments out of notified trust accounts - course enrolment
fees

4. If:
(a) an amount of course money that, under these Regulations, is taken to be course enrolment fees is paid to a provider by, or on behalf of, a student; and
(b) the provider pays the whole or any part of the amount into a notified trust account;
the provider may withdraw or pay out of the notified trust account the whole or any part of the amount.

EDUCATION SERVICES FOR OVERSEAS STUDENTS (REGISTRATION OF PROVIDERS AND
FINANCIAL REGULATION) REGULATIONS - REG 4A
Withdrawals and payments out of notified trust accounts - tuition fees

4A. (1) If:
(a) an amount of course money for tuition fees is paid to a provider by, or on behalf of, a student; and
(b) the provider pays the whole of the amount into a notified trust account;
the provider may withdraw or pay the money out of the notified trust account in accordance with subregulations (2) and (5).


(2) A provider to whom subregulation (1) applies may withdraw or pay out of a notified trust account:
(a) before the start of a course - an amount of money not exceeding 20% of the amount standing to the credit of the student in the account; and
(b) on or after the day on which the course starts - an amount of money not exceeding 45% of the amount standing to the credit of the student in the account before any withdrawal or payment out of the account occurred under paragraph (a).


(3) If:
(a) an amount of course money for tuition fees is paid to a provider by, or on behalf of, a student; and
(b) under the exemption provided in subregulation 6A (1), the provider does not pay into a notified trust account a part that does not exceed 20% of the amount;
the provider may withdraw or pay the money out of the notified trust account in accordance with subregulations (4) and (5).


(4) A provider to whom subregulation (3) applies may withdraw or pay out of a notified trust account:
(a) before the start of a course - an amount of money not exceeding the difference between 20% of the amount referred to in paragraph (3) (a) and the amount that has not been paid into the account; and
(b) on or after the day on which the course starts - an amount of money not exceeding the difference between 45% of the amount referred to in paragraph (3) (a) and:
(i) if an amount of money has been withdrawn or paid out of the
account under paragraph (a) - the sum of that amount and the amount that has not been paid into the account; or
(ii) if an amount of money has not been withdrawn or paid out of
the account under paragraph (a) - the amount that has not been paid into the account.


(5) A provider may withdraw or pay any part of the remaining course money out of the notified trust account if:
(a) the amount withdrawn or paid out of the account does not exceed the amount of tuition fees for a part of the course that has already been provided to the student; and
(b) the provider does not act under this subregulation more than once in a week.

EDUCATION SERVICES FOR OVERSEAS STUDENTS (REGISTRATION OF PROVIDERS AND
FINANCIAL REGULATION) REGULATIONS - REG 5
Withdrawals and payments out of notified trust accounts - other fees
and charges

No withdrawal or payment before grant of visa or entry permit
5. (1A) A provider must not withdraw or pay course money to which this regulation applies out of a notified trust account before the student by, or on behalf of, whom the money was paid into the account is granted a visa or entry permit under the Migration Act 1958 that permits the student to travel to, or remain in, Australia to undertake the course.


Accommodation and other domestic services
(1) If an amount of money is paid to a provider by, or on behalf of, a student for payment of the costs of accommodation or other domestic services provided to the student that are not tuition fees, the provider may withdraw or pay money out of a notified trust account for the purpose of paying those costs:
(a) if the withdrawal is at the direction of the student for payment:
(i) to the person providing those services; or
(ii) to the student, or to another person specified by the
student;
in accordance with the direction; and
(b) if paragraph (a) does not apply - not more than 3 months before the commencement of the period to which the expenses relate.


Surface transport to and from airports
(2) If an amount of money is paid to a provider by, or on behalf of, a student for the transport of the student to or from an airport, the provider may withdraw or pay money out of a notified trust account for the payment of the cost of the transport service on or after the day on which the service is provided.


Health insurance
(3) If an amount of money is paid to a provider by, or on behalf of, a student for payment for the health insurance of the student to:
(a) Medibank Private; or
(b) if another hospital benefits organisation is prescribed for the purposes of the definition of "course money"in section 6A of the Act - that organisation;
the provider may withdraw or pay money out of a notified trust account for the health insurance of the student for the period to which the payment by, or on behalf of, the student relates not more than 28 days before the day on which the payment is due.


(3A) Subregulation (1A) does not apply to the withdrawal or payment of money out of a notified trust account for the purpose of acquiring health insurance for a student to the extent that is necessary for the grant of a visa under the Migration Act 1958 that permits the student to travel to, or remain in, Australia to undertake a course.


Compulsory student union fees
(4) If an amount of money is paid to a provider by, or on behalf of, a student for membership by the student of a students' union or association membership of which is compulsory for the student, the provider may withdraw or pay money out of a notified trust account for the payment of those fees:
(a) in accordance with the requirements of the students' union or association for payment of the fee; and
(b) otherwise - on or after the start of the term or semester of the course undertaken by the student.


Books, equipment and other materials
(5) If an amount of money is paid to a provider by, or on behalf of, a student for the purchase of books, equipment and other materials for a course, the provider may withdraw or pay money out of a notified trust account for a purchase of that kind for the student not more than 4 weeks before the start of the term or semester to which the purchase relates.


Examination fees
(6) If an amount of money is paid to a provider by, or on behalf of, a student for the payment of an examination fee for a course, the provider may withdraw or pay money out of a notified trust account for the payment of the fee:
(a) in the case of an examination conducted by a person except the provider - in accordance with the requirements of that person for payment of the fee; and
(b) in any other case - not more than 4 weeks before the examination.


Goods and services not otherwise mentioned
(7) If an amount of money is paid to a provider by, or on behalf of, a student for the payment of an amount to which regulation 4 or subregulation (1), (2), (3), (4), (5) or (6) does not apply, the provider may withdraw or pay money out of a notified trust account for the payment of the amount on or after the day on which:
(a) the goods or services to which the payment relates are provided; or
(b) the payment is due;
whichever is later.


Money payable to student
(8) A provider may withdraw or pay money out of a notified trust account for payment to a student if the money is course money that the student is entitled to recover from the provider because the provider or the student has defaulted as mentioned in section 6B or 6C of the Act.


Interest paid on money in notified trust account
(9) If a provider is entitled to withdraw or pay an amount of money out of a notified trust account under another provision of these Regulations, the provider may also withdraw or pay out of the account any interest or other earnings paid into the account in relation to the amount that the provider is entitled to withdraw.

EDUCATION SERVICES FOR OVERSEAS STUDENTS (REGISTRATION OF PROVIDERS AND
FINANCIAL REGULATION) REGULATIONS - REG 6
Course money in arrears

6. If:
(a) a provider receives an amount of course money from, or on behalf of, a student; and
(b) that amount is received after the date on which the goods or services to which the amount relates are provided to the student; and
(c) the provider has agreed in writing to accept the amount after the date;
the requirements of section 6A of the Act do not apply to the provider in relation to the amount.

EDUCATION SERVICES FOR OVERSEAS STUDENTS (REGISTRATION OF PROVIDERS AND
FINANCIAL REGULATION) REGULATIONS - REG 6A
Exemption from payment into notified trust account

6A. (1) If an amount of course money for tuition fees is paid to a provider by, or on behalf of, a student, the provider is exempt from the requirement of paragraph 6A (1) (b) of the Act in relation to so much of the amount as does not exceed 20% of the amount.


(2) If an amount of course money for course enrolment fees is paid to a provider by, or on behalf of, a student, the provider is exempt from the requirement of paragraph 6A (1) (b) of the Act in relation to the amount.


(3) In this regulation, "course enrolment fees" means course money paid by or for a student as enrolment fees for a course, being:
(a) if the amount paid is not more than $250 - the amount paid; or
(b) if the amount paid is more than $250 - so much of that amount as:
(i) is required for the enrolment of the student; and
(ii) does not exceed $250.

EDUCATION SERVICES FOR OVERSEAS STUDENTS (REGISTRATION OF PROVIDERS AND
FINANCIAL REGULATION) REGULATIONS - REG 7
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 reporting period 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 the notified trust account maintained by the provider at the beginning of the reporting period;
(f) the total funds held in the notified trust account maintained by the provider at the end of the reporting period;
(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 reporting period;
(j) the number of course enrolments to which the funds in paragraph (i) relate.

EDUCATION SERVICES FOR OVERSEAS STUDENTS (REGISTRATION OF PROVIDERS AND
FINANCIAL REGULATION) REGULATIONS - REG 8
Exemptions

8. The following providers are exempt from the requirements of sections 6A, 7, 7A and 8 of the Act:
(a) a provider that is administered by a State or Territory education authority;
(b) a provider that is entitled to receive funds under a law of the Commonwealth for recurrent expenditure for the provision of education or training.

EDUCATION SERVICES FOR OVERSEAS STUDENTS (REGISTRATION OF PROVIDERS AND
FINANCIAL REGULATION) REGULATIONS - REG 9
Other exemptions - membership of a TAS

9. (1) A provider who is not exempt from the requirements of section 7A of the Act under regulation 8 is exempt from those requirements in relation to a course if:
(a) no student has paid, either directly or indirectly, for the course; or
(b) the provider has a written agreement with each student for the course under which the student is required to pay course money only:
(i) after the full course, or a part of the course in respect of
which another provider will give credit in a course of education or training, has been provided; and
(ii) in respect of other goods and services - after those goods
and services have been provided; or
(c) the course is provided in a State in which section 7A of the Act is suspended.


(2) A provider who is not exempt from the requirements of section 7A of the Act under regulation 8 or subregulation (1) is exempt from those requirements if the Minister is satisfied that the provider:
(a) is not a member of a TAS because the provider:
(i) is unable to become a member because of the special nature of
the course offered by the provider; or
(ii) in the circumstances, cannot reasonably be expected to become
a member; or
(iii) does not wish to become a member; and
(b) has obtained, for each student who has paid course money in advance, an insurance policy that complies with regulation 15 or:
(i) a bank guarantee within the meaning of the Banking Act 1959;
or
(ii) a guarantee from an organisation that, in relation to the
provider, is a parent organisation;
that offers each student indemnity equivalent to that provided by an insurance policy that complies with regulation 15.


(3) For the purposes of subregulation (2), the provider must give the Minister written notice explaining the provider's inability or unwillingness to become a member of a TAS, and a copy of the insurance policy or the instrument of guarantee:
(a) if, at the time this regulation commences, the provider is registered in respect of the course, or has applied for registration in respect of the course and the application has not been refused - before 30 November 1994; or
(b) in any other case - when the provider applies for registration in respect of the course.


(4) The notice must include the name of each student indemnified by the policy or guarantee.

EDUCATION SERVICES FOR OVERSEAS STUDENTS (REGISTRATION OF PROVIDERS AND
FINANCIAL REGULATION) REGULATIONS - REG 10
Transitional exemptions from membership of TAS

10. (1) If a provider:
(a) is not exempt from the requirements of section 7A of the Act under regulation 8 or 9; and
(b) has taken substantial steps towards becoming a member of a TAS but is unable to become a member before 25 August 1994; and
(c) notifies the Minister in writing before that date of the steps that the provider has taken;
the provider is exempt from the requirements of section 7A of the Act:
(d) until the provider becomes a member of a TAS; or
(e) until the end of November 1994;
whichever is earlier.


(2) If a provider:
(a) is not exempt from the requirements of section 7A of the Act under regulation 8 or 9; and
(b) has become a member of a proposed TAS; and
(c) the TAS operator applies for approval of the TAS before 25 August 1994 but the Minister does not decide before that date whether to approve it;
the provider is exempt from the requirements of section 7A of the Act until the Minister makes a decision about the TAS.

EDUCATION SERVICES FOR OVERSEAS STUDENTS (REGISTRATION OF PROVIDERS AND
FINANCIAL REGULATION) REGULATIONS - PART 2
PART 2 - TUITION ASSURANCE SCHEMES

EDUCATION SERVICES FOR OVERSEAS STUDENTS (REGISTRATION OF PROVIDERS AND
FINANCIAL REGULATION) REGULATIONS - REG 11
Establishment of a TAS

11. A TAS is taken to be established for the purposes of paragraph 7A (1) (a) of the Act if it:
(a) includes arrangements that ensure that an overseas student who has paid course money to a member of the scheme for a course that does not start on the agreed starting date, or that the member ceases to provide after it starts but before it is completed, is (unless the student has withdrawn from the course):
(i) provided education or training equivalent to the education or
training that the member has not provided, or has ceased to provide; and
(ii) not required to pay any additional tuition fees in respect of
that part of the equivalent education or training for which tuition fees have been paid; and
(b) provides for the circumstances in which a provider's membership of the TAS may be cancelled; and
(c) is a scheme approved in writing by the Minister under regulation 17.

EDUCATION SERVICES FOR OVERSEAS STUDENTS (REGISTRATION OF PROVIDERS AND
FINANCIAL REGULATION) REGULATIONS - REG 13
TAS operators

13. A TAS must be operated by an association of providers that has, as one of its expressed objects, the operation of a TAS under the Act.

EDUCATION SERVICES FOR OVERSEAS STUDENTS (REGISTRATION OF PROVIDERS AND
FINANCIAL REGULATION) REGULATIONS - REG 15
Insurance policy requirements

15. (1) An insurance policy taken out by a provider in relation to a course must:
(a) indemnify each student who has paid course money in advance for the course and who is entitled to be paid an amount under section 6B or 6C of the Act in respect of the course as a result of unauthorised use or dealing with course money by the provider or an employee of the provider; and
(b) identify each student who is indemnified by the policy; and
(c) provide that a student who is indemnified by the policy may make a claim against the policy directly to the insurance provider; and
(d) provide for payment to a student who is indemnified by the policy, and who is entitled to be paid an amount under section 6B or 6C of the Act, of at least an amount equal to the difference (if any) between the amount paid under the section within the period specified in the section and the amount that the student is entitled to be paid under the section; and
(e) provide for payment to a student who is indemnified by the policy, and who is entitled to be paid an amount under section 6B of the Act, of at least an amount equal to the difference (if any) between:
(i) the total amount of course money paid for the course by the
student; and
(ii) the sum of the amount (if any) paid to the student under that
section within the period specified in the section and the amount (if any) paid to the student under the policy in accordance with paragraph (d);
if:
(iii) education or training equivalent to the education or
training that the member has not provided, or has ceased to provide, is not made available to the student; or
(iv) the student elects to return to his or her home country
instead of accepting equivalent education or training.

EDUCATION SERVICES FOR OVERSEAS STUDENTS (REGISTRATION OF PROVIDERS AND
FINANCIAL REGULATION) REGULATIONS - REG 16
Application for approval of a TAS

16. (1) An application for approval of a TAS may be made to the Minister.


(2) An application must be in writing and must give full particulars of:
(a) the name and business address of the TAS operator; and
(b) the way in which the TAS is to be operated, including details of the arrangements for providing equivalent education or training to students; and
(c) each registered provider who is or will become a member of the scheme; and
(d) each course offered by a member or prospective member of the scheme that will be covered by the TAS.


(4) The application and any other document lodged in connection with it must be:
(a) clearly and legibly printed, typewritten or handwritten so that it can be reproduced clearly and legibly; and
(b) lodged at the principal office of the Department in Canberra.


(5) The Minister may ask an applicant to give any further information that is reasonably required for a proper consideration of the application.

EDUCATION SERVICES FOR OVERSEAS STUDENTS (REGISTRATION OF PROVIDERS AND
FINANCIAL REGULATION) REGULATIONS - REG 17
Approval of a TAS

17. The Minister must approve a TAS if it complies with this Part.

EDUCATION SERVICES FOR OVERSEAS STUDENTS (REGISTRATION OF PROVIDERS AND
FINANCIAL REGULATION) REGULATIONS - REG 18
Reporting requirements

18. (1) Within 28 days after the end of a financial year, a TAS operator must give to the Minister the following particulars in relation to each provider who was a member of the TAS during the period:
(a) the name and business address of the member; and
(b) the name of each course provided by the member that was covered by the TAS during the period; and
(c) the number of students who paid course money in advance to the member for one or more of those courses; and
(d) the number of overseas students for whom equivalent education or training:
(i) was required to be provided under the TAS; and
(ii) was provided under the TAS; and


(2) The Minister may, at any time, by notice in writing, ask the operator of a TAS that has been approved under regulation 17 to provide any further information relevant to assessing whether the TAS continues to comply with this Part.


(3) The TAS operator must provide the further information within a reasonable period specified in the notice.


(4) If there is a change in any of the particulars provided in relation to a TAS under subregulation (1) or (2) or regulation 16 (Applications for approval of a TAS), the operator of the scheme must give the Minister written particulars of the change within 14 days after its occurrence.


(5) If a TAS operator rejects an application by a provider to become a member of the TAS, or cancels a provider's membership of the TAS, the operator must notify the Minister of the provider's name and business address, and of the reasons for rejecting the application or cancelling the membership.

EDUCATION SERVICES FOR OVERSEAS STUDENTS (REGISTRATION OF PROVIDERS AND
FINANCIAL REGULATION) REGULATIONS - REG 18A
Reporting requirements - providers exempt from membership of a TAS

18A. (1) A provider who is exempt from the requirements of section 7A of the Act under regulation 9 must, within 28 days after the end of a reporting period, give the Minister:
(a) written notice explaining why the provider is exempt from the requirements of section 7A of the Act; and
(b) if the provider is exempt from the requirements of section 7A of the Act under subregulation 9 (2):
(i) a copy of the insurance policy or instrument of guarantee
referred to in paragraph 9 (2) (b); and
(ii) a list containing the name of each student indemnified by the
policy or guarantee.

EDUCATION SERVICES FOR OVERSEAS STUDENTS (REGISTRATION OF PROVIDERS AND
FINANCIAL REGULATION) REGULATIONS - REG 19
Revocation of approval of a TAS

19. The Minister may revoke approval of a TAS if:
(a) the TAS ceases to comply with this Part; or
(b) the TAS operator fails to comply with regulation 18 (Reporting requirements).

EDUCATION SERVICES FOR OVERSEAS STUDENTS (REGISTRATION OF PROVIDERS AND
FINANCIAL REGULATION) REGULATIONS - REG 20
Review by Administrative Appeals Tribunal

20. An application may be made to the Administrative Appeals Tribunal under the Administrative Appeals Tribunal Act 1975 for review of a decision by the Minister:
(a) not to approve a TAS; or
(b) to revoke approval of a TAS.

EDUCATION SERVICES FOR OVERSEAS STUDENTS (REGISTRATION OF PROVIDERS AND
FINANCIAL REGULATION) REGULATIONS - REG 21
Delegation by Minister

21. The Minister may delegate to a Senior Executive Service officer of the Department a power of the Minister under these Regulations.

EDUCATION SERVICES FOR OVERSEAS STUDENTS (REGISTRATION OF PROVIDERS AND
FINANCIAL REGULATION) REGULATIONS - SCHEDULE 1

SCH

SCHEDULE 1 Subregulation 7 (1)
FORM
COMMONWEALTH OF AUSTRALIA
Education Services for Overseas Students (Registration of Providers
and Financial Regulation) Act 1991
STATEMENT OF NOTIFIED TRUST ACCOUNT FUNDS HELD
ON BEHALF OF OVERSEAS STUDENTS FOR THE
REPORTING PERIOD THAT BEGINS ON (INSERT DATE) AND
ENDS ON (INSERT DATE)
Name of provider:
(if a business or company-the registered name)
ACN No. (if the provider is a company):
Provider code: Names:
Registered business address of provider:
Information about notified trust account funds of provider:
(a) Name of any bank(s) and bank branch(es) in which notified trust
account funds are held:
(b) Number of bank account(s) in which notified trust account funds
are held:
(c) Name(s) of signatory1/signatories1 of each bank account to which
paragraph (b) relates:
(d) Total notified trust account funds held on (date): $
(beginning of the reporting period)
(e) Number of course enrolments to which item (d) relates:
(f) Total notified trust account funds held on (date): $
(end of the reporting period)
(g) Number of course enrolments to which item (f) relates:
(h) Notified trust account funds deposited in the reporting period: $
(i) Number of course enrolments to which item (h) relates:
I declare that the information set out in this statement is correct to
the best of my knowledge.
Dated:
(Name of principal executive officer of provider)
(Signature of principal executive officer of provider)
I1/We1 certify that I1/we1 have audited, to the extent required for the
purposes of this certificate, the accounts and records of (insert name
of provider) for the reporting period ending (insert date) in accordance
with the Australian Auditing Standards. To the best of my1/our1
knowledge, the particulars set out in this statement are1/are not1
correct and (insert name of provider):
. complies with sections 6A, 6B and 6C of the Act; or1
. does not comply with sections 6A, 6B and 6C of the Act; or1
. complies with sections 6A, 6B and 6C of the Act, subject to the
following qualifications:1
(insert any qualifications of registered company auditor(s)).
Dated:
(Name(s) and address(es) of registered company auditor(s))
(Signature(s) of registered company auditor(s))
1 Omit this if it does not apply.