Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
1996
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Education Services
for Overseas Students (Registration of Providers and Financial Regulation)
Amendment Bill (No. 2) 1996
No. ,
1996
(Employment, Education, Training and Youth
Affairs)
A Bill for an Act to amend the
Education Services for Overseas Students (Registration of Providers and
Financial Regulation) Act 1991, and for related
purposes
9612820—1,025/4.10.1996—(128/96) Cat. No.
96 5227 2 ISBN 0644 477342
Contents
A Bill for an Act to amend the Education Services for
Overseas Students (Registration of Providers and Financial Regulation) Act
1991, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Education Services for Overseas Students
(Registration of Providers and Financial Regulation) Amendment Act (No. 2)
1996.
This Act commences on the 28th day after the day on which it receives the
Royal Assent.
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repealed as set out in the applicable items in the Schedule concerned, and any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 After section 2
Insert:
This Act binds the Crown in each of its capacities.
2 Section 3
Insert:
annual registration charge means annual registration charge
imposed under the Education Services for Overseas Students (Registration
Charges) Act 1996.
3 Section 3
Insert:
initial registration charge means initial registration charge
imposed under the Education Services for Overseas Students (Registration
Charges) Act 1996.
4 After subsection 5(3)
Insert:
(3A) Subsection (2) does not apply in relation to a provider if:
(a) the provider is liable to pay any annual registration charge,
re-instatement fee or late payment penalty; and
(b) one or more of those amounts remains unpaid after the time when it
became due for payment;
unless the Minister is satisfied that in all the circumstances it is
appropriate to register that provider.
5 After section 5
Insert:
A provider who is liable to pay an annual registration charge for a year
must pay the charge by the last day of February of the year.
(1) A provider who is liable to pay an initial registration charge for a
registration must pay the charge by the day specified in a notice given to the
provider by the Secretary.
(2) The day specified in the notice must be
more than 28 days after the day the notice is given.
(1) A provider must give or produce to the Secretary any information or
document relating to enrolments in the provider’s courses that the
Secretary requests in writing.
(2) A provider must not give information under subsection (1) that the
provider knows, or reasonably suspects, is false or misleading.
(3) If a provider produces a document under subsection (1) that the
provider knows, or reasonably suspects, contains false or misleading
information, the provider must give to the Secretary a statement, in writing,
identifying the aspects of the information that are false or
misleading.
(4) A provider must keep proper records of enrolments in the
provider’s courses.
6 After section 11
Insert:
(1) A provider is liable to pay a re-instatement fee if:
(a) the suspension of the registration of the provider is removed under
subsection 10(4); or
(b) the registration of the provider is restored under subsection
11(2).
(2) The fee must be paid by the day specified in a notice given to the
provider by the Secretary.
(3) The day specified in the notice must be more than 28 days after the
day the notice is given.
(4) The amount of the re-instatement fee is:
(a) $100 for 1997; and
(b) for a later year (the current year), the amount worked
out by multiplying the re-instatement fee for the year before the current year
by the indexation factor that applies to the current year.
(5) The indexation factor that applies to the current year is worked out
using the following formula:
where:
index number, for a quarter, means the All Groups Consumer
Price Index number that is the weighted average of the 8 capital cities and is
published by the Australian Statistician for that quarter.
recent September quarter means the September quarter in the
year before the current year.
previous September quarter means the September quarter before
the recent September quarter.
(6) The indexation factor worked out under subsection (5) must be rounded
up or down to 3 places (rounding up in the case of exactly halfway
between).
(7) The amount worked out under subsection (5) must be rounded to the
nearest whole dollar (rounding up in the case of 50 cents).
(8) If at any time (whether before or after the commencement of this
section) the Australian Statistician has changed or changes the reference base
for the Consumer Price Index, then, for the purposes of applying this section
after the change, only index numbers published in terms of the new reference
base are to be used.
7 At the end of section 13
Add:
(4) If any initial registration charge payable by a provider for a
registration remains unpaid after the time when it became due for payment, then
the registration of the provider is cancelled by force of this
subsection.
8 After section 17
Insert:
If any annual registration charge or re-instatement fee payable by a
provider remains unpaid after the time when it became due for payment, then the
provider must pay a late payment penalty calculated from that time at the rate
of 20% per year on the amount unpaid.
The following are recoverable as debts due to the Commonwealth:
(a) any annual registration charge;
(b) any re-instatement fee or late payment penalty payable under this
Act.
If a provider that is an unincorporated body is liable to pay an
amount under this Act or the Education Services for Overseas Students
(Registration Charges) Act 1996, then the following persons are taken to be
jointly and severally liable to pay the amount:
(a) the principal executive officer of the provider at the time the
liability arose; and
(b) if there was a governing body of the provider at that
time—each of the persons who were members of that
governing body at that time.
9 Transitional arrangements for
1997
If this Act does not commence before 1 January 1997, then section 5A of the
Education Services for Overseas Students (Registration of Providers and
Financial Regulation) Act 1991 (as inserted by this Schedule) applies for
1997 as if the reference in that section to “by the last day of February
of the year” were a reference to “by the end of 2 months after this
section commenced”.