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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000
The Parliament
of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Education
Services for Overseas Students (Consequential and Transitional) Bill
2000
No. ,
2000
(Education, Training and Youth
Affairs)
A Bill for an Act to repeal the
Education Services for Overseas Students (Registration of Providers and
Financial Regulation) Act 1991, and for other purposes
ISBN: 0642 451303
Contents
Education Services for Overseas Students (Registration of Providers and
Financial Regulation) Act
1991 4
Education Services for Overseas Students (Registration Charges) Act
1997 4
Part 1—Disclosure of immigration
information 8
Migration Act
1958 8
Part 2—Consequential
amendment 10
Migration Act
1958 10
Education Services for Overseas Students Act
2000 11
A Bill for an Act to repeal the Education Services for
Overseas Students (Registration of Providers and Financial Regulation) Act
1991, and for other purposes
The Parliament of Australia enacts:
This Act may be cited as the Education Services for Overseas Students
(Consequential and Transitional) Act 2000.
(1) This section and section 1 commence on the day on which this Act
receives the Royal Assent.
(2) Item 1 of Schedule 4 commences at the later of:
(a) the time when Parts 4 to 10 of the Act that establishes the
Administrative Review Tribunal commence; and
(b) immediately after the commencement of section 5 of the
Education Services for Overseas Students Act 2000.
Note: The Act that establishes the Administrative Review
Tribunal is either the Administrative Review Tribunal Act 2000 or the
Administrative Review Tribunal Act 2001.
(3) The rest of Schedule 4 commences at the later of:
(a) the time when Parts 4 to 10 of the Act that establishes the
Administrative Review Tribunal commence; and
(b) immediately after the commencement of section 176 of the
Education Services for Overseas Students Act 2000.
(4) The remaining provisions of this Act commence on a day or days to be
fixed by Proclamation.
(5) However, if any of those remaining provisions do not commence under
subsection (4) within the period of 6 months beginning on the day on which
this Act receives the Royal Assent, they commence on the first day after the end
of that period.
Subject to section 2, each Act that is specified in a Schedule to
this Act is amended or repealed as set out in the applicable items in the
Schedule concerned, and any other item in a Schedule to this Act has effect
according to its terms.
(1) In this Act:
new ESOS Act means the Education Services for Overseas
Students Act 2000.
notified trust account has the same meaning as in
section 6A of the old ESOS Act.
old ESOS Act means the Education Services for Overseas
Students (Registration of Providers and Financial Regulation) Act
1991.
(2) Other expressions used in this Act have the same meaning as in the new
ESOS Act.
Education Services for
Overseas Students (Registration of Providers and Financial Regulation) Act
1991
1 The whole of the Act
Repeal the Act.
Education Services for
Overseas Students (Registration Charges) Act 1997
2 Section 4
Omit “Education Services for Overseas Students (Registration of
Providers and Financial Regulation) Act 1991”, substitute
“Education Services for Overseas Students Act
2000”.
1 Application—starting day for obligations
of registered providers
Minister must publish starting
day
(1) The Minister must publish a notice in the Gazette specifying the
starting day of the obligations in sections 19, 20 and 21 of the new ESOS
Act. The starting day must be at least 28 days after the day of the
publication.
(2) The Minister must also notify in writing each registered provider of
the starting day.
Notification of details about accepted
students
(3) The requirements in section 19 (giving information about accepted
students) of the new ESOS Act apply to all events that happen on or after the
starting day in relation to all persons who became or become accepted students
on or after that day.
(4) The requirements in paragraphs 19(1)(d) and (e) and subsection 19(2) of
the new ESOS Act also apply to events that happen on or after the starting day
in relation to persons who became accepted students before that day.
Notification of student visa
breaches
(5) The requirements in section 20 (sending students notice of visa
breaches) of the new ESOS Act apply to all breaches that happen on or after the
starting day.
Record keeping
(6) The requirements in section 21 (record keeping) of the new
ESOS Act apply to all current and future accepted students from the starting day
onwards.
(7) However, the notice under subitem (1) may prescribe a period or
further period giving providers who are registered when the requirement in
section 21 takes effect extra time to comply with the
requirement.
2
Transitional—registration
(1) The registration of a provider that was in effect under the old ESOS
Act immediately before the commencement of this item continues to have effect
after that time as if the registration had been done for the same courses under
the new ESOS Act.
(2) If that registration was suspended under the old ESOS Act immediately
before the commencement of this item, the new registration has effect after that
time as if it had been suspended to the same extent under the new ESOS
Act.
3 Transitional—national
code
The national code may prescribe a period or a further period giving
providers who are registered when the code takes effect extra time to comply
with the requirements of the code.
4 Application—notified trust accounts and
ESOS Assurance Fund
(1) The requirements in the old ESOS Act relating to notified trust
accounts continue to apply until Part 5 of the new ESOS Act commences even
if Schedule 1 to this Act repealed those requirements earlier.
(2) The requirements in the new ESOS Act relating to the ESOS Assurance
Fund apply to 2001 and later years.
(3) However, the Minister may publish a notice in the Gazette
stating that those Fund requirements apply instead to 2002 and later
years.
(4) In that case, the requirements in the old ESOS Act relating to notified
trust accounts continue to apply until the later of:
(a) the beginning of 2002; and
(b) the commencement of Part 5 of the new ESOS Act;
even if Schedule 1 to this Act repealed those requirements
earlier.
5 Transitional—money in notified trust
accounts
(1) This item applies to course money that was in a notified trust account
immediately before the requirements in the old ESOS Act relating to such
accounts ceased to apply.
(2) The course money is no longer considered to be held on trust after that
time.
6
Transitional—regulations
Regulations under the new ESOS Act may provide for the transition from the
old ESOS Act to the new ESOS Act, and for related transitional
matters.
Part 1—Disclosure
of immigration information
1 After subparagraph
488(2)(a)(v)
Insert:
(vi) the Education Services for Overseas Students Act
2000;
(vii) prescribed Commonwealth, State or Territory legislation;
2 At the end of subsection
488(2)
Add:
; or (f) authorise an employee of the Department whose Minister
administers the Education Services for Overseas Students Act 2000 to
perform for the purposes of that Act one or more of those actions; or
(g) authorise a prescribed employee of a prescribed agency of the
Commonwealth, or of a State or Territory, to perform for prescribed purposes one
or more of those actions.
3 After section 488
Insert:
(1) For the purposes of:
(a) assisting with the regulation of providers; or
(b) promoting compliance with the conditions of a particular student visa
or visas, or of student visas generally;
the Secretary may give information obtained or received for the purposes of
this Act to an agency of the Commonwealth, or of a State or Territory, that is
responsible for or otherwise concerned with the regulation of
providers.
(2) However, subsection (1) does not override
section 488.
Note: Section 488 prohibits the disclosure etc. of
movement records except in limited circumstances.
(3) In this section:
provider has the same meaning as in the Education Services
for Overseas Students Act 2000.
Part 2—Consequential
amendment
4 At the end of subsection
504(1)
Add:
; and (l) making provision for matters that, under the Education
Services for Overseas Students Act 2000, are required or permitted to be
prescribed in regulations made under this Act.
Education Services for
Overseas Students Act 2000
1 Section 5 (definition of Tribunal
Member)
Omit “Administrative Appeals Tribunal”, substitute
“Administrative Review Tribunal”.
2 Subsection 176(1)
Omit “Administrative Appeals Tribunal”, substitute
“Administrative Review Tribunal”.
3 Paragraph 176(2)(a)
Omit “Administrative Appeals Tribunal under the Administrative
Appeals Tribunal Act 1975”, substitute “Administrative Review
Tribunal under the Act that establishes that Tribunal”.
4 Paragraph 176(2)(b)
Omit “section 28”, substitute
“section 57”.
5 Paragraph 176(2)(b)
Omit “a statement that includes reasons”, substitute “a
statement of reasons”.
6 At the end of subsection
176(2)
Add:
Note: The Act that establishes the Administrative Review
Tribunal is either the Administrative Review Tribunal Act 2000 or the
Administrative Review Tribunal Act 2001.