Part 1—Introduction
1 Name
This instrument is the Education Services for Overseas Students (TPS Levies) (Risk Rated Premium and Special Tuition Protection Components) Instrument 2020.
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. Parts 1 to 3 | 31 December 2020. | 31 December 2020 |
2. Schedule 1 | 1 January 2021. | 1 January 2021 |
Note: This table relates only to the provisions of this instrument as originally made.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 sections 9 and 10 of the Education Services for Overseas Students (TPS Levies) Act 2012.
4 Schedules
Legislation that is specified in a Schedule to this instrument is repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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
Note: The expression risk rated premium component is used in this instrument and is defined in the Education Services for Overseas Students (TPS Levies) Act 2012.
In this instrument:
annual registration charge has the same meaning as in the ESOS Act.
CRICOS means the Commonwealth Register of Institutions and Courses for Overseas Students.
entry to market charge has the same meaning as in the ESOS Act.
ESOS Act means the Education Services for Overseas Students Act 2000.
ESOS (TPS Levies) Act means the Education Services for Overseas Students (TPS Levies) Act 2012.
length of operation, for a provider, means the number of years that the provider has been registered on CRICOS as a registered provider:
(a) beginning at the time the provider was registered, or last registered, as a registered provider; and
(b) ending on 31 December 2020.
non‑exempt provider means a registered provider that is not exempt from the requirement to pay the risk rated premium component, as provided for by section 5 of the Education Services for Overseas Students (TPS Levies) (Levy exemptions) Determination 2012 (No. 1).
Note: The registered providers listed in that Determination as being exempt from the risk rated premium component were, in 2020, Table A providers under the Higher Education Support Act 2003, Government schools and State or Territory VET institutions.
overseas student enrolments means the total enrolments of overseas students for a registered provider worked out in accordance with section 5 of the Education Services for Overseas Students (Registration Charges) Act 1997.
provider has the same meaning as in the ESOS Act.
Registered provider has the same meaning as in the ESOS Act.
TPS levy has the same meaning as in the ESOS Act.
tuition fees has the same meaning as in the ESOS Act.
Part 2—Risk factors for risk rated premium component
6 Risk rated premium component
(1) For the purposes of paragraph 9(3)(a) of the ESOS (TPS Levies) Act, the percentage for 2021 is 0.04%.
(2) For the purposes of paragraph 9(3)(b) of the ESOS (TPS Levies) Act, the following risk factors are specified:
(a) base risk factor;
(b) length of operation;
(c) volatility in overseas student enrolments;
(d) maximum overseas source country concentration;
(e) non-compliance and registration renewal.
7 Risk factor—base risk factor
(1) The risk factor, base risk factor, applies to all non‑exempt providers.
(2) For the purposes of paragraph 9(3)(c) of the ESOS (TPS Levies) Act, the increase factor is 1.0.
8 Risk factor—length of operation
Application
(1) The risk factor, length of operation, applies to all non‑exempt providers.
Factor by which specified percentage is multiplied
(2) For the purposes of paragraph 9(3)(c) of the ESOS (TPS Levies) Act, the increase factor is that set out in the following table:
Registered provider’s length of operation |
Column 1 | Column 2 | Column 3 |
Item | If a registered provider’s length of operation is … | then the factor is … |
1 | less than 1 year | 1.0 |
2 | 1 year or more but less than 2 years | 0.5 |
3 | 2 years or more | 0.0 |
9 Risk factor—volatility in overseas student enrolments
Application
(1) The risk factor, volatility in overseas student enrolments, applies to a non‑exempt provider that:
(a) has a length of operation of 2 years or more; and
(b) had either or both of the following in 2020:
(i) at least 20 overseas student enrolments;
(ii) $400,000 or more in tuition fee income.
Factor by which specified percentage is increased
(2) For the purposes of paragraph 9(3)(c) of the ESOS (TPS Levies) Act, if the provider is an expanding provider (as determined under subsection (3)) the increase factor is that set out in the following table:
Registered provider’s volatility in overseas student enrolments |
Column 1 | Column 2 | Column 3 | Column 4 | Column 5 | Column 6 |
Item | If a registered provider’s volatility in overseas student enrolments is … | and the provider’s length of operation is 2 years or more but less than 3 years, then the factor is … | and the provider’s length of operation is 3 years or more but less than 4 years, then the factor is … | and the provider’s length of operation is 4 years or more but less than 5 years, then the factor is … | and the provider’s length of operation is 5 years or more, then the factor is … |
1 | 120% or more | 0.9 | 1.8 | 2.6 | 3.5 |
2 | 105% or more but less than 120% | 0.8 | 1.5 | 2.3 | 3.0 |
3 | 90% or more but less than 105% | 0.6 | 1.3 | 1.9 | 2.5 |
4 | 75% or more but less than 90% | 0.5 | 0.9 | 1.4 | 1.8 |
5 | 60% or more but less than 75% | 0.3 | 0.6 | 0.9 | 1.2 |
6 | 45% or more but less than 60% | 0.2 | 0.3 | 0.5 | 0.6 |
7 | 30% or more but less than 45% | 0.1 | 0.2 | 0.3 | 0.4 |
8 | less than 30% | 0.0 | 0.0 | 0.0 | 0.0 |
Determining whether a registered provider is an expanding provider
(3) A registered provider is an expanding provider if the provider had overseas student enrolments in 2019 and the number of overseas student enrolments in 2020 was greater than the number of enrolments in 2019.
Working out the percentage of a registered provider’s volatility in overseas student enrolments
(4) If a registered provider did not have overseas student enrolments in 2019, the registered provider’s volatility in overseas student enrolments is 0.
(5) If a registered provider is an expanding provider under subsection (3), the percentage of a registered provider’s volatility in overseas student enrolments is worked out using the formula:
100%
10 Risk factor—maximum overseas source country concentration
Application
(1) The risk factor, maximum overseas source country concentration, applies to a non‑exempt provider that had either or both of the following in 2020:
(a) at least 20 overseas student enrolments;
(b) $400,000 or more in tuition fee income.
Factor by which specified percentage is multiplied
(2) For the purposes of paragraph 9(3)(c) of the ESOS (TPS Levies) Act, the increase factor is that set out in the following table:
Registered provider’s maximum overseas source country concentration |
Column 1 | Column 2 | Column 3 |
Item | If a registered provider’s maximum overseas source country concentration is … | then the factor is … |
1 | 80% or more | 3.1 |
2 | 50% or more but less than 80% | 0.7 |
3 | 25% or more but less than 50% | 0.3 |
4 | less than 25% | 0.0 |
Working out the maximum overseas source country concentration percentage
(3) A registered provider’s maximum overseas source country concentration is worked out using the formula:
100%
where:
largest number of overseas student enrolments for a country means, of the number of overseas student enrolments with the registered provider for each overseas source country in 2020, the largest number of enrolments for any of those overseas source countries in 2020.
total number of overseas student enrolments means the total number of overseas student enrolments with the registered provider in 2020.
11 Risk factor—non-compliance and registration renewal
Application
(1) The risk factor, non-compliance and registration renewal, applies to all non‑exempt providers.
Factor by which specified percentage is multiplied
(2) For the purposes of paragraph 9(3)(c) of the ESOS (TPS Levies) Act, the increase factor is that set out in the following table subject to subsection (3):
Registered provider’s non-compliance and registration renewal |
Column 1 | Column 2 | Column 3 |
Item | If a registered provider … | then the factor is … |
1 | has a weighted late payment measure of 30 days or more | 2.0 |
2 | has a weighted late payment measure of 15 days or more but less than 30 days | 0.9 |
3 | has a weighted late payment measure of 1 day or more but less than 15 days | 0.7 |
4 | does not have a weighted late payment measure (payment on time) | 0.0 |
5 | had action mentioned in section 83 of the ESOS Act taken against it in 2020 | 1.0 |
6 | applied under section 10D of the ESOS Act to renew the provider’s registration and the period of registration set out in the notice given in 2020 under section 10G of that Act is less than the maximum period allowed | 1.0 |
(3) Where more than one item in the table at subsection (2) applies, the increase factor is the sum of the factors in column 3.
Working out the weighted late payment measure
(4) A registered provider’s weighted late payment measure is worked out by adding the results of the calculations in the following paragraphs:
(a) for 2020, work out 0.7 x [ARC + ETMC + TPSL];
(b) for 2019, work out 0.2 x [ARC + ETMC + TPSL];
(c) for 2018, work out 0.1 x [ARC + ETMC + TPSL];
where:
ARC, for a year, means:
(a) the number of days after the due date on which the annual registration charge for that year was received; or
(b) if payment was received on or before the due date—zero.
ETMC, for a year, means:
(a) the number of days after the due date on which the entry to market charge for that year was received; or
(b) if the payment was received on or before the due date—zero.
TPSL, for a year, means:
(a) the number of days after the due date on which the TPS levy payable for that year was received; or
(b) if the TPS levy was received on or before the due date—zero.
12 Recalculation of risk factors when registrations amalgamated and national registration on CRICOS is finalised during 2020
(1) This section applies if a provider amalgamates 2 or more registrations on CRICOS into a single registration through the national registration process in 2020.
Note: For the process to request amalgamation, see item 96 of Schedule 2 to the Education Services for Overseas Students Legislation Amendment (Tuition Protection Service and Other Measures) Act 2012.
(2) If this section applies to a provider, the provider’s risk factors in sections 7 to 11 are to be recalculated as applicable:
(a) the risk factor length of operation is to be calculated in respect of the resultant amalgamated registration for the period:
(i) beginning at the start of the longest‑running registration in the amalgamation; and
(ii) ending on 31 December 2020;
(b) the risk factor volatility in overseas student enrolments is to be calculated using subsections 9(4) to 9(5), but treating the number of overseas student enrolments for a year as the sum of student enrolments for all registrations in that year that were amalgamated into the single registration;
(c) the risk factor maximum overseas students source country concentration is to be calculated using subsection 10(3), as follows:
(i) the number of enrolments for each overseas source country is to be calculated as the sum of the enrolments for that overseas source country with each of the registrations that were amalgamated into the single registration;
(ii) the total number of enrolments is to be calculated as the sum of the total number of enrolments for all registrations that were amalgamated into the single registration;
(d) the risk factor non-compliance and registration renewal is to be calculated for the resultant amalgamated registration in respect to the weighted late payment measure and actions under section 83 of the ESOS Act for the provider, in the 2020 year;
(e) the overseas students’ tuition fee income for 2020 is to be calculated as the sum of the overseas students’ tuition fee income for the courses in relation to all registrations that were amalgamated into the single registration.
Part 3—Special tuition protection component
13 Special tuition protection component
For the purposes of subsection 10(2) of the ESOS (TPS Levies) Act, the specified percentage for 2020 is 0.
Schedule 1—Repeals
Education Services for Overseas Students (TPS Levies) (Risk Rated Premium and Special Tuition Protection Components) Instrument 2019
1 The whole of the instrument
Repeal the instrument.
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.
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) |
exp = expires/expired or ceases/ceased to have | reloc = relocated |
effect | renum = renumbered |
F = Federal Register of Legislation | rep = repealed |
gaz = gazette | rs = repealed and substituted |
LA = Legislation Act 2003 | s = section(s)/subsection(s) |
LIA = Legislative Instruments Act 2003 | Sch = Schedule(s) |
(md) = misdescribed amendment can be given | Sdiv = Subdivision(s) |
effect | SLI = Select Legislative Instrument |
(md not incorp) = misdescribed amendment | SR = Statutory Rules |
cannot be given effect | Sub‑Ch = Sub‑Chapter(s) |
mod = modified/modification | SubPt = Subpart(s) |
No. = Number(s) | underlining = whole or part not |
| commenced or to be commenced |
Endnote 3—Legislation history
Name | Registration | Commencement | Application, saving and transitional provisions |
Education Services for Overseas Students (TPS Levies) (Risk Rated Premium and Special Tuition Protection Components) Instrument 2020 | 22 December 2020 | 1 January 2021 | |
Education Services for Overseas Students (TPS Levies) (Risk Rated Premium and Special Tuition Protection Components) Amendment Instrument 2021 | 1 February 2021 | 2 February 2021 | |
Endnote 4—Amendment history
Provision affected | How affected |
s10 | am F2021L00091 |
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