Australian Capital Territory Numbered Acts

EDUCATION SERVICES FOR OVERSEAS STUDENTS (NO 77 OF 1994)

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY SHORT TITLE

   1.      This Act may be cited as the Education Services for Overseas Students (Registration and Regulation of Providers) Act 1994.  
   3.      In this Act, unless the contrary intention appears—“approved” means approved under this Act; “banking day” means a day on which banks are open for business; “Commonwealth Act” means the Education Services for Overseas Students (Registration of Providers and Financial Regulation) Act 1991 of the Commonwealth; “course” means a course of education or training; “course money” means money received by the provider, directly or indirectly, from an overseas student, or an intending overseas student, in relation to a course that the provider is providing, or offering to provide, to the student (other than an enrolment fee that is not more than $250), and includes—  

   PART II--APPROVALS OFFENCES

   6.      (1) This section applies to—  
   9.      (1) A private provider may apply in writing to the Chief Executive for a variation of its approval.  

   PART III--PRIVATE PROVIDERS

   10.     A private provider shall maintain a policy or policies of insurance—  
   11.     A private provider shall provide adequate facilities and protection for the safety, health and welfare of the provider's overseas students.  
   12.     (1) A private provider shall provide counselling and support services that are adequate having regard to the cultural and religious background of the overseas students attending the institution.  
   13.     A private provider shall establish and maintain adequate procedures by which an overseas student may formally complain and have attention given to his or her complaints by the private provider.  
   15.     A private provider shall only publish, or cause to be published, by any means whatever any advertisement with respect to a course provided by the provider if the information contained in the advertisement is consistent with the information contained in a prospectus referred to in subsection 14 (4).  
   17.     (1) Subject to this section, trust money standing to the credit of a trust account maintained by a private provider is not available for the payment of debts of the provider and is not liable to be attached or taken in execution for the purposes of satisfying a judgment against the provider.  
   18.     (1) A bank at which a trust account is maintained is not under any obligation to control or supervise transactions in relation to the trust account or to see to the application by the private provider of money drawn out of the account.  
   19.     (1) A private provider shall give to a person from whom the provider receives trust money a receipt for the money specifying briefly the subject matter or purpose in respect of which the money was received.  
   20.     (1) A private provider shall keep accounting and any other records that disclose particulars of trust money received or paid by the provider, including particulars of each receipt issued under section 19.  
   23.     The regulations may exempt a specified provider or a specified class of providers from all or any of the requirements of this Division, either generally, or in relation to a particular period or periods.  
   24.     (1) Where an overseas student or intending overseas student who is enrolled in a course has not withdrawn from the course by the default date and—  
   25.     (1) Where—  
   31.     (1) For the purposes of a review under subsection 27 (1), an inspector may enter any premises, other than residential premises, at any reasonable time, with such assistance and by such force as is necessary and reasonable, and may exercise any power under subsection (2).  
   32.     While the approval of a private provider is suspended—  

   PART IV--RELATIONSHIP TO COMMONWEALTH ACT

   33.     (1) The Chief Executive shall, as soon as practicable after approving a provider, provide to the Secretary such particulars relating to the provider as are required to be entered in the Commonwealth Register of Institutions and Courses for Overseas Students by the Secretary.  

   PART V--MISCELLANEOUS INSPECTORS

   37.     The following particulars with respect to an approved provider are registrable:  
   38.     Where the Chief Executive makes a decision—  
   39.     A notice under section 38 shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.  
   40.     Application may be made to the Administrative Appeals Tribunal for a review of a decision referred to in section 38.  
   41.     The Minister may, by notice in writing, determine fees for the purposes of this Act.  
   42.     Where a body corporate is convicted of an offence, the penalty that the court may impose is a fine not exceeding 5 times the maximum amount that, but for this section, the court could impose as a pecuniary penalty for the offence.  
   43.     (1) In proceedings for an offence against this Act, a certificate signed by the Chief Executive stating that, at a specified time and on a specified date, or during a specified period, a provider was not approved with respect to a specified course is evidence of the matter stated.  
   45.     The Executive may make regulations for the purposes of this Act.