Federal Register of Legislation - Australian Government

Primary content

Regulations as made
This instrument repeals and replaces the Education Services for Overseas Students (Registration Charges) Regulations 2011.
Administered by: Education, Skills and Employment
Registered 17 Dec 2021
Tabling HistoryDate
Tabled HR08-Feb-2022
Tabled Senate08-Feb-2022
Table of contents.

Commonwealth Coat of Arms of Australia

 

Education Services for Overseas Students (Registration Charges) Regulations 2021

I, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 16 December 2021

David Hurley

Governor‑General

By His Excellency’s Command

Stuart Robert

Minister for Employment, Workforce, Skills, Small and Family Business

 

 

 

  

  

  


Contents

1............ Name............................................................................................................................. 1

2............ Commencement............................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Schedules...................................................................................................................... 1

5............ Definitions..................................................................................................................... 1

6............ CRICOS annual registration charge.............................................................................. 1

7............ Schools initial registration charge.................................................................................. 2

8............ Schools renewal registration charge.............................................................................. 2

9............ Indexation of amounts................................................................................................... 2

10.......... Exemption from charges imposed from 1 January 2022 to 31 December 2022............ 3

11.......... Transitional provision.................................................................................................... 3

Schedule 1—Repeals                                                                                                                                       4

Education Services for Overseas Students (Registration Charges) Regulations 2011            4

 


1  Name

                   This instrument is the Education Services for Overseas Students (Registration Charges) Regulations 2021.

2  Commencement

             (1)  Each provision of this instrument 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

Provisions

Commencement

Date/Details

1.  The whole of this instrument

1 January 2022.

1 January 2022

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

             (2)  Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

                   This instrument is made under the Education Services for Overseas Students (Registration Charges) Act 1997.

4  Schedules

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

5  Definitions

                   In this instrument:

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

total enrolments, for a provider for a year, has the same meaning as in the Education Services for Overseas Students (TPS Levies) Act 2012.

6  CRICOS annual registration charge

                   For the purposes of paragraph 5(4)(b) of the Act, the amount of CRICOS annual registration charge imposed on a provider for a year is the sum of the following components:

                     (a)  $440;

                     (b)  $5 multiplied by the total enrolments for the provider for the previous year;

                     (c)  if the provider is an approved school provider—$116;

                     (d)  if the provider is an approved school provider and had at least one overseas student enrolled in the previous year for a course for which the provider was registered for that year—$695.

Note:          These amounts are indexed under section 9.

7  Schools initial registration charge

                   For the purposes of paragraph 6(4)(a) of the Act, the amount of schools initial registration charge imposed on an application is $2,690.

Note:          This amount is indexed under section 9.

8  Schools renewal registration charge

                   For the purposes of paragraph 7(4)(a) of the Act, the amount of schools renewal registration charge imposed on an application is $1,080.

Note:          This amount is indexed under section 9.

9  Indexation of amounts

             (1)  At the start of each year (an indexation year) after the year beginning 1 January 2022, the dollar amounts mentioned in paragraphs 6(a) to (d) and sections 7 and 8 are replaced by the amount worked out using the following formula for each of those amounts:

                  

             (2)  The indexation factor for an indexation year is the number worked out using the following formula:

                  

where:

base quarter means the last September quarter before the reference quarter.

index number, for a quarter, means the All Groups Consumer Price Index number (being the weighted average of the 8 capital cities) published by the Australian Statistician for that quarter.

reference quarter means the September quarter in the year before the indexation year.

             (3)  An indexation factor is to be calculated to 3 decimal places (rounding up if the fourth decimal place is 5 or more).

             (4)  Amounts worked out under subsection (1) are to be rounded to the nearest whole dollar (rounding 50 cents upwards).

             (5)  An indexation factor that is less than 1 is to be increased to 1.

             (6)  Calculations under subsection (2):

                     (a)  are to be made using only the index numbers published in terms of the most recently published index reference period; and

                     (b)  are to be made disregarding index numbers that are published in substitution for previously published index numbers (except where the substituted numbers are published to take account of changes in the index reference period).

10  Exemption from charges imposed from 1 January 2022 to 31 December 2022

                   For the purposes of subsections 5(9), 6(8) and 7(8) of the Act, the class of providers made up of all providers is prescribed for the following charges imposed for, or during, the calendar year beginning 1 January 2022:

                     (a)  CRICOS annual registration charge;

                     (b)  schools initial registration charge;

                     (c)  schools renewal registration charge.

11  Transitional provision

                   Despite the repeal of the Education Services for Overseas Students (Registration Charges) Regulations 2011 by this instrument, those Regulations continue to apply in relation to a charge that became due for payment before the commencement of this section, as if that repeal had not happened.