Federal Register of Legislation - Australian Government

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Determinations/Other as made
This instrument is to determine the designated authority in relation to a provider, in those situations where the provider provides an ELICOS, a Foundation program, or both, but only to the degree that the provider does so.
Administered by: Industry, Innovation, Science, Research and Tertiary Education
Registered 17 Nov 2011
Tabling HistoryDate
Tabled HR21-Nov-2011
Tabled Senate21-Nov-2011
Date of repeal 01 Jul 2012
Repealed by Education Services for Overseas Students (Designated Authority) Determination 2012 (No. 1)

I, CHRIS EVANS, Minister for Tertiary Education, Skills, Jobs and Workplace Relations, make this determination under paragraph (b) of the definition of designated authority in section 5 of the Education Services for Overseas Students Act 2000.


Dated        8 November   2011

 

 

CHRIS EVANS
Minister for
Tertiary Education, Skills, Jobs and Workplace Relations


1                   Name of determination

                     This determination is the Education Services for Overseas Students (Designated Authority) Determination 2011 (No. 2).

2                   Commencement

                     This determination commences on the day after it is registered.

3                   Revocation

                     The Specification of criteria for the purposes of the definition of “designated authority” made by the Minister on 19 June 2011 is revoked.

4                   Definitions

                     In this determination:

Act means the Education Services for Overseas Students Act 2000.

ASQA means the body established by section 155 of the National Vocational Education and Training Regulator Act 2011.

NVETR Act means the National Vocational Education and Training Regulator Act 2011.

5                   Designated authorities

                     For paragraph (b) of the definition of designated authority in section 5 of the Act, the designated authority for a State in relation to a provider is:

                     (a)     if the provider is providing or seeking to provide an English Language Intensive Course for Overseas Students, or a Foundation program, other than in its capacity as a school, in a State that is:

                                   (i)     a referring State (within the meaning given by section 5 of the NVETR Act); or

                                  (ii)     a non-referring State (within the meaning given by section 7 of the NVETR Act); or

                                 (iii)     a Territory; —

                                ASQA; or

                    (b)     otherwise — the person responsible under the law of the State for approving providers to provide courses to overseas students for the State.