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SLI 2011 No. 210 Regulations as amended, taking into account amendments up to Education Services for Overseas Students (Registration Charges) Amendment (Exemptions from Entry to Market Charges) Regulations 2021
Administered by: Education, Skills and Employment
Registered 06 Aug 2021
Start Date 01 Jul 2021

Commonwealth Coat of Arms of Australia

Education Services for Overseas Students (Registration Charges) Regulations 2011

Select Legislative Instrument No. 210, 2011

made under the

Education Services for Overseas Students (Registration Charges) Act 1997

Compilation No. 3

Compilation date:                              1 July 2021

Includes amendments up to:            F2021L00847

Registered:                                         6 August 2021

About this compilation

This compilation

This is a compilation of the Education Services for Overseas Students (Registration Charges) Regulations 2011 that shows the text of the law as amended and in force on 1 July 2021 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

Part 1—Preliminary                                                                                                             1

1............ Name of Regulations........................................................................... 1

3............ Definitions.......................................................................................... 1

Part 2—Matters relating to charges imposed from the 2012 calendar year           2

4............ Application of this Part....................................................................... 2

5............ Annual registration charge—lower dollar amount............................... 2

6............ Annual registration charge—exemption.............................................. 2

7............ Entry to market charges—exemption.................................................. 2

Part 3—Exemption from entry to market charges imposed from 1 July 2021 to 31 December 2021                                                                                                                             3

8............ Entry to market charges—exemption.................................................. 3

Endnotes                                                                                                                                      4

Endnote 1—About the endnotes                                                                              4

Endnote 2—Abbreviation key                                                                                  5

Endnote 3—Legislation history                                                                               6

Endnote 4—Amendment history                                                                             7


Part 1Preliminary

  

1  Name of Regulations

                   These Regulations are the Education Services for Overseas Students (Registration Charges) Regulations 2011.

3  Definitions

                   In these Regulations:

Act means the Education Services for Overseas Students (Registration Charges) Act 1997.

State or Territory VET institution means a vocational education and training institution that is owned or controlled (whether directly or indirectly) by a State or Territory.

Table A provider has the same meaning as in the Higher Education Support Act 2003.

Part 2Matters relating to charges imposed from the 2012 calendar year

  

4  Application of this Part

                   This Part applies to charges imposed by the Act for 2012 and all later calendar years.

5  Annual registration charge—lower dollar amount

                   For paragraphs 5(7)(a) and (b) of the Act, a class of providers mentioned in an item in the table may pay the lower dollar amount mentioned in the item.

 

Item

For this class of providers ...

the lower dollar amount is ...

1

Registered providers that did not provide a course to an accepted student in the previous year and are a government school or non‑government school

$366.00

6  Annual registration charge—exemption

                   For paragraph 5(7)(c) of the Act, a class of providers mentioned in an item in the table is exempt from the requirement to pay the annual registration charge as described in the item.

 

Item

This class of providers ...

is exempt from ...

1

Government schools

the charge component listed in paragraph 5(2)(c) of the Act

2

State or Territory VET institutions

the charge component listed in paragraph 5(2)(c) of the Act

3

Table A providers

the charge component listed in paragraph 5(2)(c) of the Act

7  Entry to market charges—exemption

                   For subsection 6(9) of the Act, a class of providers mentioned in an item in the table is exempt from the requirement to pay the entry to market charges.

 

Item

Class of providers

1

Government schools

2

State or Territory VET institutions

3

Table A providers

Part 3Exemption from entry to market charges imposed from 1 July 2021 to 31 December 2021

  

8  Entry to market charges—exemption

                   For the purposes of subsection 6(9) of the Act, the class of providers made up of all providers (other than providers mentioned in regulation 7) is prescribed for entry to market charges imposed during the period commencing 1 July 2021 and ending on 31 December 2021.


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Education Services for Overseas Students (Registration Charges) Regulations 2011 (SLI No. 210, 2011)

29 Nov 2011 (F2011L02479)

30 Nov 2011 (r 2)

 

Education Services for Overseas Students (Registration Charges) Amendment (COVID‑19 Exemptions) Regulations 2020

10 July 2020 (F2020L00905)

Sch 1 (items 4, 5): 11 July 2020 (s 2(1) item 3)
Sch 1 (item 6): 1 July 2021 (s 2(1) item 4)
Remainder: 12 Apr 2020 (s 2(1) items 1, 2)

Education Services for Overseas Students (Registration Charges) Amendment (Exemptions from Entry to Market Charges) Regulations 2021

25 June 2021 (F2021L00847)

1 July 2021 (s 2(1) item 1)

 

Endnote 4—Amendment history

 

Provision affected

How affected

Part 1

 

Part 1 heading...........................

ad F2020L00905

r 2.............................................

rep LA s 48D

Part 2

 

Part 2 heading...........................

ad F2020L00905

r 4.............................................

rs F2020L00905

r 7.............................................

am F2020L00905

Part 3

 

Part 3........................................

ad F2020L00905

 

rep F2020L00905

 

ad F2021L00847

r 8.............................................

ad F2020L00905

 

rep F2020L00905

 

ad F2021L00847

Part 4........................................

ad F2020L00905

 

rep F2020L00905

r 9.............................................

ad F2020L00905

 

rep F2020L00905