Federal Register of Legislation - Australian Government

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SLI 2012 No. 128 Regulations as made
This regulation amends the Education Services for Overseas Students Regulations 2001 to implement the final stages of the legislative reforms introduced by the Amendment Act.
Administered by: Industry, Innovation, Science, Research and Tertiary Education
Registered 29 Jun 2012
Tabling HistoryDate
Tabled HR14-Aug-2012
Tabled Senate14-Aug-2012
Date of repeal 09 Aug 2013
Repealed by Industry, Innovation, Climate Change, Science, Research and Tertiary Education (Spent and Redundant Instruments) Repeal Regulation 2013

Commonwealth Coat of Arms

Education Services for Overseas Students Amendment Regulation 2012 (No. 1)1

Select Legislative Instrument 2012 No. 128

I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation under the Education Services for Overseas Students Act 2000.

Dated 28 June 2012

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

CHRIS EVANS


1              Name of regulation

                This regulation is the Education Services for Overseas Students Amendment Regulation 2012 (No. 1).

2              Commencement

                This regulation commences on 1 July 2012.

3              Amendment of Education Services for Overseas Students Regulations 2001

                Schedule 1 amends the Education Services for Overseas Students Regulations 2001.


Schedule 1        Amendments

(section 3)

 

[1]           Regulation 1.03, definition of agreed starting day

substitute

agreed starting day, for a course provided to a student, means the day on which the course is scheduled to start, or a later day agreed between the provider for the course and the student.

[2]           Regulation 1.03

insert

confirmation of enrolment means the information a registered provider must give the Secretary under section 19 of the Act when a person becomes an accepted student of the provider.

[3]           Regulation 1.03, definition of parent organisation

omit

[4]           Regulation 1.03

insert

public provider means:

                (a)    a government school; or

               (b)    a vocational education and training institution that is owned or controlled (whether directly or indirectly) by a State or Territory; or

                (c)    a Table A provider within the meaning of the Higher Education Support Act 2003.

[5]           Regulation 1.03, note

substitute

Note   For the definitions of the following terms, see section 5 of the Act:

·      accepted student

·      approved provider

·      course

·      designated authority

·      Immigration Minister

·      national code

·      overseas student

·      provide

·      provider

·      Register

·      registered provider

·      Secretary

·      tuition fees.

[6]           Subregulation 2.01 (1)

omit

For paragraph 10 (4) (d)

insert

For paragraph 14A (4) (i)

[7]           Paragraph 2.01 (1) (g)

substitute

               (g)    the estimated annual number of full-time equivalent domestic students enrolled with the provider, excluding students enrolled for online study only;

[8]           Subregulation 2.01 (2), including the examples

substitute

         (2)   For paragraph 14A (4) (i) of the Act, the information that must be entered on the Register for each course that the provider mentioned in subregulation (1) is registered to provide is:

                (a)    the duration, level and field of study of the course; and

               (b)    the estimated total of the tuition fees payable by a student for the course; and

                (c)    the estimated total of the non-tuition fees payable by a student for the course; and

               (d)    whether the provider only accepts payment in arrears; and

                (e)    each location where the course will be provided, including:

                          (i)    the address of the location; and

                         (ii)    the period of approval for the course at the location; and

                        (iii)    the telephone number, fax number (if any), email address (if any) and primary contact, for the location; and

                        (iv)    the maximum number of students on a student visa to whom the provider may provide the course in the location; and

                (f)    whether the course is provided:

                          (i)    by the owner‑operator of the provider mentioned in subregulation (1); or

                         (ii)    under an arrangement with another registered provider; or

                        (iii)    under an arrangement with a non‑registered provider.

Examples of levels of study of courses for paragraph (a)

1   Primary.

2   Secondary.

3   Diploma.

4   Bachelor degree.

5   Masters coursework.

6   PhD.

7   Non award.

8   Foundation studies.

9   English language intensive courses for overseas students.

Examples of fields of study of courses for paragraph (a)

1   Business administration.

2   English language study.

3   Visual and performing arts.

4   Education.

[9]           After paragraph 3.01 (e)

insert

              (ea)    if the student is under 18 years old:

                          (i)    the current residential address, mobile phone number (if any) and email address (if any) of a person other than the provider who has legal authority to act on the student’s behalf; and

                         (ii)    the relationship of the person to the student;

Example

A parent or guardian.

[10]         Paragraph 3.01 (f)

substitute

                (f)    the unique identifier of the student’s course and its location;

[11]         Paragraphs 3.01 (i) and (j)

substitute

                (i)    the amount of tuition fees that the provider received for the student for the course before confirming the student’s enrolment using PRISMS;

               (ia)    if the provider is not a public provider—the start and end dates of the period to which the amount mentioned in paragraph (i) relates;

              (ib)    the amount of non-tuition fees that the provider received for the student for the course before confirming the student’s enrolment using PRISMS;

                (j)    the total amount of tuition fees that the student is required to pay to the provider to undertake the full course in accordance with the written agreement entered into with the student;

[12]         Paragraphs 3.02 (1) (b), 3.03 (1) (b) and 3.03 (2) (b)

omit

residential address

insert

residential address, mobile phone number (if any) and email address (if any)

[13]         After subregulation 3.03 (4)

insert

         (5)   For paragraph 19 (1) (f) of the Act, the following are prescribed matters relating to an accepted student of a provider that is not a public provider, for whom the provider receives tuition fees during a calendar month:

                (a)    the amount of each payment made;

               (b)    the date the payment was made;

                (c)    the start and end dates of the period to which the payment relates.

[14]         Regulation 3.04

omit

paid any course money for a course

insert

paid any tuition fees for a course

[15]         Paragraph 3.04 (a)

substitute

                (a)    the amount of money that the student has paid to the provider, including the separate identification of tuition fees and non-tuition fees;

[16]         Paragraph 3.04 (b)

omit

course money

insert

tuition fees

[17]         Subparagraph 3.04 (d) (ii)

omit

paid.

insert

paid;

[18]         After paragraph 3.04 (d)

insert

                (e)    the amount that a student will be charged to access the student’s records.

[19]         After regulation 3.04

insert

3.05        Electronic records

                If records kept for the purpose of section 21 of the Act are kept electronically, they must be backed up.

3.06        Fees for accessing records

                The fee for a student to access a record mentioned in regulation 3.04 must not exceed the cost incurred by the provider in providing access to that record.

[20]         Divisions 3.2 to 3.4

omit

[21]         Parts 5, 8 and 9

omit

[22]         Schedule 1

omit


Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.comlaw.gov.au.