Federal Register of Legislation - Australian Government

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Act No. 70 of 2007 as made
An Act to amend the law relating to the provision of education services to overseas students, and for related purposes
Administered by: Education
Originating Bill: Education Services for Overseas Students Legislation Amendment Bill 2007
Registered 29 May 2007
Date of Assent 28 May 2007
Table of contents.

 

 

 

 

 

 

Education Services for Overseas Students Legislation Amendment Act 2007

 

No. 70, 2007

 

 

 

 

 

An Act to amend the law relating to the provision of education services to overseas students, and for related purposes

  

  


Contents

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 2

3............ Schedule(s)......................................................................................... 2

Schedule 1—Amendments                                                                                                3

Education Services for Overseas Students Act 2000                                            3

Migration Act 1958                                                                                                     6

 


 

 

Education Services for Overseas Students Legislation Amendment Act 2007

No. 70, 2007

 

 

 

An Act to amend the law relating to the provision of education services to overseas students, and for related purposes

[Assented to 28 May 2007]

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Education Services for Overseas Students Legislation Amendment Act 2007.

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 to 3 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

28 May 2007

2.  Schedule 1

1 July 2007.

1 July 2007

Note:          This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

             (2)  Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

3  Schedule(s)

                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


 

Schedule 1Amendments

  

Education Services for Overseas Students Act 2000

1  After section 4

Insert:

4A  Objects

                   The principal objects of this Act are:

                     (a)  to provide financial and tuition assurance to overseas students for courses for which they have paid; and

                     (b)  to protect and enhance Australia’s reputation for quality education and training services; and

                     (c)  to complement Australia’s migration laws by ensuring providers collect and report information relevant to the administration of the law relating to student visas.

4B  Extension of this Act to Christmas Island and Cocos (Keeling) Islands

             (1)  Subject to subsection (2), this Act applies in relation to the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands as if:

                     (a)  a reference in a provision of this Act to a State included a reference to the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands; and

                     (b)  a reference in a provision of this Act to a designated authority in relation to a State included a reference to the Territories Minister.

             (2)  Paragraph (1)(a) does not apply in relation to the following provisions:

                     (a)  the definitions of designated authority and State in section 5;

                     (b)  paragraph 9(5)(a);

                     (c)  paragraph 24(2)(a);

                     (d)  section 36;

                     (e)  section 79;

                      (f)  paragraph 127(3)(b);

                     (g)  paragraph 152(3)(b);

                     (h)  paragraph 175(1)(e).

             (3)  The Territories Minister may, by signed writing, delegate all or any of his or her functions or powers as a designated authority under this Act to:

                     (a)  an APS employee who is an SES employee or acting SES employee; or

                     (b)  an officer or employee of a State.

2  Section 5 (definition of approved provider)

Omit “in the State”, substitute “for the State”.

3  Section 5 (definition of designated authority)

Omit “in the State”, substitute “for the State”.

4  Section 5

Insert:

Territories Minister means the Minister responsible for administering the Christmas Island Act 1958.

5  Paragraph 8(1)(f)

Omit “for that particular State”, substitute “for a State”.

6  Subsection 8(1) (note 1)

Omit “in a State”.

7  Subparagraph 8(3)(b)(iv)

Omit “for that State”, substitute “for a State”.

8  Subsection 9(1)

Omit “in that State”, substitute “for that State”.

9  Paragraph 9(2)(c)

Omit “that the provider complies with the national code”, substitute “, in the form approved by the Secretary for the purposes of this paragraph for the State, relating to the provider’s compliance with the national code”.

10  Paragraph 10(4)(a)

Omit “in a specified State”, substitute “for a specified State”.

11  Paragraph 20(4)(b)

Omit “explaining the breach”, substitute “making any submissions about the breach and the circumstances that led to the breach”.

12  Subsection 28(1)

Repeal the subsection, substitute:

             (1)  A registered provider must enter into a written agreement with each overseas student or intending overseas student that:

                     (a)  sets out the refund requirements that apply in a situation covered by subsection 27(2); and

                     (b)  meets the requirements (if any) set out in the national code.

Note:       The heading to section 28 is altered by omitting “if there is” and substituting “under”.

13  Subsection 28(2)

Omit “The provider”, substitute “In a situation covered by subsection 27(2), the provider”.

14  Subsection 28(4)

Omit “Despite subsection (1), this section does not apply if”, substitute “Subsections (2) and (3), and the agreement mentioned in subsection (1), do not apply in relation to the student if”.

15  Paragraph 28(4)(b)

Omit “subsection 27(2) to apply”, substitute “the situation covered by subsection 27(2)”.

16  Before subsection 29(1)

Insert:

          (1A)  This section applies:

                     (a)  in a situation covered by subsection 27(1); or

                     (b)  in a situation covered by subsection 27(2) if:

                              (i)  an agreement has not been entered into with the student that meets the requirements of subsection 28(1); or

                             (ii)  paragraphs 28(4)(a) and (b) apply in relation to the student.

17  Subsection 29(1)

Omit “Unless section 28 applies, the”, substitute “The”.

18  Subsection 43(2)

Before “request”, insert “may”.

19  Section 88

Omit “in the State”, substitute “for the State”.

20  Paragraphs 107(1)(a), (b) and (c)

Omit “in the State”, substitute “in a State”.

21  Paragraph 107(1)(d)

Omit “for the State”.

22  Paragraph 172(1)(c)

Omit “annual Fund contribution or”.

23  Application of item 22

The amendment made by item 22 applies in relation to annual Fund contribution payable in respect of the calendar year commencing on 1 January 2008.

Migration Act 1958

24  Subsection 137J(1) (note)

Omit “explaining the breach”, substitute “making any submissions about the breach and the circumstances that led to the breach”.

25  Subsection 137J(2)

Omit “explaining the breach alleged in the notice”, substitute “making any submissions about the breach and the circumstances that led to the breach”.

26  Application of items 24 and 25

The amendments made by items 24 and 25 apply in relation to a notice sent under section 20 the Education Services for Overseas Students Act 2000 after the commencement of this item.

 

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 22 March 2007

Senate on 9 May 2007]

(41/07)