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2019 - 2020 - 2021
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
EDUCATION SERVICES FOR OVERSEAS STUDENTS AMENDMENT (COST RECOVERY AND
OTHER MEASURES) BILL 2021
EXPLANATORY MEMORANDUM
(Circulated by authority of the Minister for Education and Youth, the Hon Alan Tudge MP)
TABLE OF CONTENTS
GLOSSARY ........................................................................................................................................................ 1
OUTLINE .......................................................................................................................................................... 2
FINANCIAL IMPACT STATEMENT ...................................................................................................................... 3
CONSULTATION ............................................................................................................................................... 3
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS................................................................................... 4
NOTES ON CLAUSES ......................................................................................................................................... 7
Schedule 1--General Amendments ................................................................................................................. 8
Part 1--Amendments ........................................................................................................................................ 8
Part 2--Transitional ....................................................................................................................................... 14
Schedule 2--Amendments contingent on the commencement of the Tertiary Education Quality and
Standards Agency (Charges) Act 2021 ............................................................................................................ 16
Education Services for Overseas Students Act 2000 ........................................................................................ 16
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GLOSSARY
Abbreviation Definition
ASQA Australian Skills Quality Authority
CRICOS Commonwealth Register of Institutions and
Courses for Overseas Students
ESOS Act Education Services for Overseas Students
Act 2000
ICESCR International Covenant on Economic, Social
and Cultural Rights
OBPR Office of Best Practice Regulation
Registration Charges Act Education Services for Overseas Students
(Registration Charges) Act 1997
Registration Charges Bill Education Services for Overseas Students
(Registration Charges) Amendment Bill
2021
RIS Regulation Impact Statement
TEQSA Tertiary Education Quality Standards
Agency
The Bill Education Services for Overseas Students
Amendment (Cost Recovery and Other
Measures) Bill 2021
The department Department of Education, Skills and
Employment
UNCRC Convention on the Rights of the Child
VET vocational education and training
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EDUCATION SERVICES FOR OVERSEAS STUDENTS AMENDMENT (COST RECOVERY AND
OTHER MEASURES) BILL 2021
OUTLINE
The Australian Government decided, as part of the 2021-22 Budget, to implement an
updated cost recovery model for registration on the Commonwealth Register of Institutions
and Courses for Overseas Students (CRICOS) and associated regulation costs. These changes
will be achieved through amendments in four separate bills:
the ESOS Amendment (Cost Recovery and Other Measures) Bill 2021 (Bill) will amend
the Education Services for Overseas Students Act 2000 (ESOS Act)
the Education Services for Overseas Students (Registration Charges) Amendment Bill
2021 (Registration Charges Bill) will amend the Education Services for Overseas
Students (Registration Charges) Act 1997 (Registration Charges Act)
the Education Services for Overseas Students (TPS Levies) Amendment Bill 2021 will
amend the Education Services for Overseas Students (TPS Levies) Act 2012
the Tertiary Education Quality and Standards Agency (Charges) Amendment Bill 2021
will amend the Tertiary Education Quality and Standards Agency (Charges) Act 2021.
The Registration Charges Bill amends the Registration Charges Act to update the registration
charges to recover the costs for certain regulatory activities under the ESOS Act. The
Registration Charges Bill establishes new registration charges that are consistent with the
Australian Government Charging Framework (available from www.finance.gov.au).
ESOS agencies have direct powers to regulate registered providers and are responsible for
making decisions about a provider's registration and monitoring a provider's compliance
with the ESOS framework. The meaning of an ESOS agency for a provider is set out in
section 6C of the ESOS Act and in the Education Services for Overseas Students (ESOS
Agency--ELICOS and Foundation Programs) Determination 2016 and the Education Services
for Overseas Students (ESOS Agency) Determination 2020:
the Secretary of the department is the ESOS agency for approved school providers;
ASQA is the ESOS agency for registered Vocational Education and Training (VET)
providers and stand-alone English Language Intensive Courses for Overseas Students
(ELICOS) providers; and
TEQSA is the ESOS agency for registered higher education providers, registered
providers of Foundation Programs and providers of ELICOS under a direct entry
arrangement to a higher education provider.
The ESOS Act also needs to be amended to ensure the legislative framework is consistent
and aligns with the changes to the Registration Charges Act.
The Bill will clarify the compliance powers of ESOS agencies by making it explicit that they
are able to undertake compliance audits of providers that they are responsible for
regulating.
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The Bill will also amend the ESOS Act to set the due date for payment of a provider's CRICOS
annual registration charge for a year to be 30 days after an invoice has been issued by the
Secretary of the department. In practice, the CRICOS annual registration charge will be
invoiced at a similar time each year, though this amendment will allow future flexibility in
the timing if necessary. This amendment also means that ESOS Act payment invoicing period
will be handled in the same manner as payments under the TPS Levies Act.
FINANCIAL IMPACT STATEMENT
The changes proposed by this Bill have no financial impact on the Commonwealth or
registered providers.
CONSULTATION
The department undertook public consultation in January 2020 and May 2021.
No substantive issues were identified during the consultation period that warranted
changing the model.
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STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Education Services for Overseas Students Amendment (Cost Recovery and Other Measures)
Bill 2021
The Education Services for Overseas Students Amendment (Cost Recovery and Other
Measures) Bill 2021 (the Bill) is compatible with the human rights and freedoms recognised
or declared in the international instruments listed in section 3 of the Human Rights
(Parliamentary Scrutiny) Act 2011.
Overview of the Bills
The Australian Government decided, as part of the 2021-22 Budget, to implement an
updated cost recovery model for registration charges for the Commonwealth Register of
Institutions and Courses for Overseas Students (CRICOS), which are currently collected by
the Department of Education, Skills and Employment (the department). These changes will
be achieved through amendments in four separate bills:
the ESOS Amendment (Cost Recovery and Other Measures) Bill 2021 (Bill) will amend
the Education Services for Overseas Students Act 2000 (ESOS Act)
the Education Services for Overseas Students (Registration Charges) Amendment Bill
2021 (Registration Charges Bill) will amend the Education Services for Overseas
Students (Registration Charges) Act 1997 (Registration Charges Act)
the Education Services for Overseas Students (TPS Levies) Amendment Bill 2021 will
amend the Education Services for Overseas Students (TPS Levies) Act 2012
the Tertiary Education Quality and Standards Agency (Charges) Amendment Bill 2021
will amend the Tertiary Education Quality and Standards Agency (Charges) Act 2021.
The Registration Charges Bill amends the Registration Charges Act to update the registration
charges to recover the costs for certain regulatory activities under the ESOS Act. The
Registration Charges Bill establishes new registration charges that are consistent with the
Australian Government Charging Framework (available from www.finance.gov.au).
ESOS agencies have direct powers to regulate registered providers and are responsible for
making decisions about a provider's registration and monitoring a provider's compliance
with the ESOS framework. The meaning of an ESOS agency for a provider is set out in
section 6C of the ESOS Act and in the Education Services for Overseas Students (ESOS
Agency--ELICOS and Foundation Programs) Determination 2016 and the Education Services
for Overseas Students (ESOS Agency) Determination 2020:
the Secretary of the department is the ESOS agency for approved school providers;
ASQA is the ESOS agency for registered Vocational Education and Training (VET)
providers and stand-alone English Language Intensive Courses for Overseas Students
(ELICOS) providers; and
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TEQSA is the ESOS agency for registered higher education providers, registered
providers of Foundation Programs and providers of ELICOS under a direct entry
arrangement to a higher education provider.
The ESOS Act also needs to be amended to ensure the legislative framework is consistent
and aligns with the changes to the Registration Charges Act.
The Bill will clarify the compliance powers of ESOS agencies by making it explicit that they
are able to undertake compliance audits of providers that they are responsible for
regulating.
The Bill will also amend the ESOS Act to set the due date for payment of a provider's CRICOS
annual registration charge for a year to be 30 days after an invoice has been issued by the
Secretary of the department. In practice, the CRICOS annual registration charge will be
invoiced at a similar time each year, though this amendment will allow future flexibility in
the timing if necessary. This amendment also means that ESOS Act payment invoicing period
will be handled in the same manner as payments under the TPS Levies Act.
Human rights implications
The Bill engages the following rights:
the right to education - Article 13 of the International Covenant on Economic, Social
and Cultural Rights (ICESCR), and Article 28 of the Convention on the Rights of the
Child (UNCRC); and
the right to work - Article 6 of the ICESCR.
Right to education
The Bill engages the right to education contained in Article 13 of the ICESCR and Article
28(1) of the UNCRC, insofar as the Bill relates to the provision of education and training
services to overseas students in Australia on a student visa.
Article 13(1) of the ICESCR recognises each person's right to education, and that education is
important to 'the full development of the human personality', and enables 'all persons to
participate effectively in a free society, promote understanding, tolerance and friendship
among all nations and all racial, ethnic or religious groups'.
Article 28(1) of the UNCRC recognises the 'right of the child to education ... with a view to
achieving this right progressively and on the basis of equal opportunity'.
The Bill makes amendments to the ESOS Act to give effect to the amendments being made
to the Registration Charges Act. The Registration Charges Act (as amended by the
Registration Charges Bill) will implement an updated cost recovery model that reflects the
department's costs of administering and regulating CRICOS providers in accordance with the
Australian Government Charging Framework (available from www.finance.gov.au). It will
mean that only the costs of the department's CRICOS regulatory activities will be collected
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through the ESOS Registration Charges Act while Australian Skills Quality Authority (ASQA)
and Tertiary Education Quality Standards Agency (TEQSA) will separately charge under their
own legislative frameworks.
The amendments seek to ensure ESOS agencies are properly resourced to fulfil their
ongoing compliance, analysis and monitoring obligations under the ESOS Act in an efficient
and effective manner so that the quality and integrity of Australia's international education
and training system is maintained. A strong international education system, which includes
appropriate protections for overseas students, allows Australia to promote and support the
right to education.
Right to work
The Bill engages the right to work, contained in Article 6(1) of the ICESCR; 'the right to work,
which includes the right of everyone to the opportunity to gain [their] ... living by work which
[they] freely [choose] or [accept]'. Article 6(2) provides that States must take steps to
achieve the full realisation of this right including providing 'technical and vocational
guidance and training programmes, policies and techniques to achieve steady economic,
social and cultural development and full and productive employment under conditions
safeguarding fundamental political and economic freedoms to the individual.'
The Commonwealth's commitment to the delivery of quality education and training services
to overseas students provides a solid foundation and opportunity for people to engage with
and pursue quality work objectives after completing their studies. The promotion of the
right to education inherently leads to the promotion of the right to work, as education is
one of the pathways to employment. A high-quality international education system provides
a foundation on which overseas students may pursue broader employment opportunities.
Conclusion
The Bill is compatible with human rights because it promotes the protection of human
rights.
Minister for Education and Youth, the Hon Alan Tudge MP
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EDUCATION SERVICES FOR OVERSEAS STUDENTS AMENDMENT (COST RECOVERY AND
OTHER MEASURES) BILL 2021
NOTES ON CLAUSES
Clause 1: Short title
1. This provision specifies the short title of the Act, which is how it is to be cited.
Clause 2: Commencement
2. The table in subclause 2(1) sets out when the Act's provisions will commence. The
table provides that section 1 to 3 of the Act commence the day the Act receives the
Royal Assent.
3. Schedule 1 of the Act commences at the same time as the Education Services for
Overseas Students (Registration Charges) Amendment Act 2021 commences.
However, the Schedule does not commence if that Act does not commence.
4. Schedule 2 of the Act commences at the same time as the Tertiary Education Quality
and Standards Agency (Charges) Act 2021 commences, as Schedule 2 includes
amendments consequential to the commencement of this Act, which is currently a
Bill before Parliament. If the Tertiary Education Quality and Standards Agency
(Charges) Act 2021 does not commence, Schedule 2 will not commence.
5. A note provides that the table in subclause 2(1) only relates to provisions of this Act
as originally enacted.
6. Subclause 2(2) provides that any information in column 3 of the table in subclause
2(1) is not part of this Act, and that information may be inserted or edited in column
3 in any published version of the Act.
Clause 3: Schedules
7. This clause gives effect to the provisions in the Schedules to the Bill.
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Schedule 1--General Amendments
Part 1--Amendments
Education Services for Overseas Students Act 2000
8. The purpose of this Bill is to make consequential amendments to the ESOS Act
required as a result of proposed amendments to the Registration Charges Act. The
Registration Charges Bill amends the Registration Charges Act to better align the
charging framework under that Act with the Australian Government Charging
Framework.
9. Part 1 of Schedule 1 to the Bill includes the main amendments to the ESOS Act.
10. Part 2 of Schedule 1 to the Bill includes transitional provisions.
Item 1: Section 5 (definition of annual registration charge)
11. Item 1 amends section 5 of the ESOS Act to repeal the definition of annual
registration charge, which is consequential to proposed amendments to the
Registration Charges Act.
Item 2: Section 5
12. Item 2 inserts definitions of compliance audit and CRICOS annual registration charge,
which are new terms that will be used in the ESOS Act.
Item 3: Section 5 (definition of entry to market charge)
13. Item 3 amends section 5 of the ESOS Act to repeal the definition of entry to market
charge, which is consequential to proposed amendments to the Registration Charges
Act to remove that charge.
Item 4: Section 5 (definition of first entry to market charge)
14. Item 4 amends section 5 of the ESOS Act to repeal the definition of first entry to
market charge, which is consequential to proposed amendments to the Registration
Charges Act to remove that charge.
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Item 5: Section 5
15. Item 5 inserts definitions of school initial registration charge and schools renewal
registration charge by reference to the new terms to be used in the Registration
Charges Act.
Item 6: Section 5 (definition of second entry to market charge)
16. Item 6 amends section 5 of the ESOS Act to repeal the definition of second entry to
market charge, which is consequential to proposed amendments to the Registration
Charges Act to remove that charge.
Item 7: Section 5 (definition of third entry to market charge)
17. Item 7 amends section 5 of the ESOS Act to repeal the definition of third entry to
market charge, which is consequential to proposed amendments to the Registration
Charges Act to remove that charge.
Item 8 and 9 - Subparagraph 11(g)(i)
18. Items 8 and 9 amend paragraph 11(g). Item 8 deletes the words "the first entry to
market charge" in subparagraph 11(g)(i) and replaces them with "schools initial
registration charge". Item 9 adds three additional subparagraphs after 11(g)(i) which
lists sections under which fees and charges may be determined or imposed by ESOS
agencies.
19. The amendments will mean that a provider does not meet the registration
requirements if the provider has not paid the new fees and charges that will apply to
them. In particular, a provider must have paid the schools initial registration charge
to the department (if applicable), any fees and charges for which it is liable to pay
under the National Vocational Education and Training Regulator (Charges) Act 2012
and National Vocational Education and Training Regulator Act 2011, and any fees
which it is liable to pay under the Tertiary Education Quality and Standards Agency
Act 2011 in order to meet the registration requirements set out in section 11 of the
ESOS Act.
Item 10 - Subparagraphs 11(h)(i) to (iii)
20. Item 10 amends subparagraphs 11(h)(i) to (iii) to repeal these subparagraphs (a list
of charges and fees) and replace them with a current list of charges and fees:
(i) CRICOS annual registration charge;
(ii) schools renewal registration charge;
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(iii) National VET Regulator annual registration charge imposed by section 6A of
the National Vocational Education and Training Regulator (Charges) Act 2012;
(iiia) the charge payable under section 7 of the National Vocational Education and
Training Regulator (Charges) Act 2012;
(iiib) the charge payable under section 10 of the National Vocational Education
and Training Regulator (Charges) Act 2012;
(iiic) a fee determined under section 232 of the National Vocational Education
and Training Regulator Act 2011; and
(iiid) a fee determined under section 158 of the Tertiary Education Quality and
Standards Agency Act 2011.
21. The amendments will mean that a registered provider, or a provider that used to be
a registered provider, does not meet the registration requirements if the provider
has an outstanding liability to pay any of the charges listed in the new subparagraphs
(i) to (iiid).
Items 11 and 12 - Section 11 (note 1)
22. Items 11 and 12 amend section 11 of the ESOS Act to repeal note 2 (which referred
to entry to the entry to market charge), which is no longer required because of
amendments proposed to be made to the Registration Charges Act by the
Registration Charges Bill (which will remove the entry to market charge), and amend
the title of note 1 as there are no longer multiple notes.
Item 13 - Section 12
23. Item 13 amends the ESOS Act to repeal section 12 (entry to market charges), which
is no longer required because of amendments proposed to be made to the
Registration Charges Act by the Registration Charges Bill (removal of the entry to
market charge).
Item 14 - Sections 23 and 23A
24. Item 14 repeals and replaces sections 23 (annual registration charge) and 23A
(second and third entry to market charges).
Section 23
25. Item 14 amends the ESOS Act to repeal sections 23 and 23A and replace them with a
new section 23 that reflects payment provisions for the new CRICOS annual
registration charge that will be implemented by amendments proposed to be made
to the Registration Charges Act by the Registration Charges Bill. New subsection
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23(1) provides that, if a registered provider is liable to pay the CRICOS annual
registration charge for a year, the Secretary must give the registered provider a
written notice (the first notice) that specifies the amount of the charge payable by
the provider, and determines that the amount is due for payment at the end of the
30-day period beginning on the day after the first notice is given to the provider.
26. The note after new subsection 23(1) states that the CRICOS annual registration
charge is imposed by new section 5 of the Registration Charges Act.
27. This means that the department will issue notices to registered providers that are
liable to pay the CRICOS annual registration charge for the year. Registered providers
will have 30 days to pay, in response to a notice, starting from the day after they are
given the notice.
28. Subsection 23(2) provides that, if the registered provider did not pay the amount of
CRICOS annual registration charge at or before the time when it became due for
payment, the Secretary must give the provider a written notice (the second notice)
that:
(a) specifies the amount of the charge payable by the provider;
(b) states that the provider must pay that amount by the end of the 7-day period
beginning on the day after the second notice is given to the provider; and
(c) sets out the effect of section 90 of the ESOS Act.
29. The note after new subsection 23(2) states that: "section 90 provides that the
provider's registration is automatically suspended if the provider does not comply
with the second notice."
30. Subsection 23(3) provides that, if the registered provider fails to comply with the
second notice issued under subsection 23(2) and the Secretary is not the ESOS
agency for the provider, then the Secretary must notify the ESOS agency for the
provider of the failure to comply with the notice.
31. Subsection 23(4) provides that a notice given under section 23 is not a legislative
instrument. This subsection confirms that such notices are not legislative
instruments within the meaning of subsection 8(1) of the Legislation Act 2003, as
they apply the law to a particular registered provider and do not determine or alter
the content of the law generally.
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Item 15 - Paragraph 90(1)(b)
32. Item 15 removes the reference to section 23A in section 90, as section 23A will be
repealed by this Bill (see Item 14).
Item 16 - Division 1A of Part 7 (heading)
33. Item 16 amends the heading of Division 1 of Part 7 of the ESOS Act to change the
name of "Division 1A" to "Division 1", which is simply a technical change to ensure
that the Guide to Part 7 of the ESOS Act (which deals with monitoring and searching
providers) is in the same Division as the Introduction to Part 7 (which also deals with
monitoring and searching providers). This amendment will mean both the Guide and
the Introduction are contained in Division 1 of Part 7.
Item 17 - Section 111A
34. Item 17 amends the guide to Part 7 of the ESOS Act to insert:
"The ESOS agency for a registered provider may conduct a compliance audit of the
provider."
This reflects the amendment made by item 19 of the Bill.
Item 18 - Division 1 of Part 7 (heading)
35. Item 18 amends the heading of Division 1 of Part 7 of the ESOS Act to change the
name of "Division 1" to "Division 1A", which is consequential on the amendment
made by item 16, described above.
Item 19 - Before Division 2 of Part 7
36. Item 19 amends Part 7 of the ESOS Act to insert new section 112A in new Division
1B. Division 1B deals with compliance audits.
Section 112A
37. New section 112A inserts a new provision to expressly provide that ESOS agencies
have the power to conduct compliance audits of registered providers in relation to
their compliance with the ESOS framework.
38. New subsection 112A(1) provides that the ESOS agency for a registered provider
may conduct an audit of the registered provider for the purpose of determining
whether the registered provider is complying, or has complied, with the ESOS Act,
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the National Code, or, if the ELICOS Standards or Foundation Program Standards
apply in relation to the registered provider, those Standards.
39. New subsection 112A(2) provides that an audit conducted under subsection 112A(1)
is to be known as a "compliance audit".
40. New subsection 112A(3) provides that, if a compliance audit of a registered provider
is being conducted by the ESOS agency for the registered provider, the registered
provider must:
"a) cooperate fully with the ESOS agency in relation to the compliance audit; and
b) provide the ESOS agency with all reasonable facilities and assistance in
relation to the compliance audit."
41. ESOS agencies currently undertake compliance and monitoring activities under Part
7 of the ESOS Act. This includes conducting audits in relation to a registered
provider's compliance with the ESOS Act, the National Code and, if relevant, the
ELICOS Standards or Foundation Program Standards. However, the power to conduct
a compliance audit is not explicitly stated in the ESOS Act. As such, new section 112A
is being inserted into Part 7 of the ESOS Act to expressly provide that ESOS agencies
have the power to conduct such compliance audits.
42. The note after new subsection 112A(3) explains that, if a registered provider
breaches new subsection 112A(3), the ESOS agency for that provider may take action
against the registered provider under section 83 of the ESOS Act. Under section 83,
ESOS agencies may impose sanctions for non-compliance.
Item 20 - Paragraphs 172(1)(a) to (ba)
43. Item 20 amends paragraphs 172(1)(a) to (ba) to repeal the paragraphs that deal with
charges that are proposed to be removed and replace them with 'CRICOS annual
registration charge; or'.
44. This retains the existing application of section 172 for the new charges imposed by
this package of bills, to require registered providers that fail to pay the CRICOS
annual registration charge, by the time it becomes due for payment, to pay a late
payment penalty.
Item 21 - Paragraphs 173(1)(a) to (ab)
45. Item 21 amends paragraphs 173(1)(a) to (ab) to repeal the paragraphs and replace
them with:
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(a) CRICOS annual registration charge;
(aa) schools initial registration charge; and
(ab) schools renewal registration charge.
This change provides that the charges listed at new paragraphs (a) to (ab) are
recoverable as debts to the Commonwealth. These changes reflect changes to the
charging arrangements to be implemented by the Registration Charges Bill.
Part 2--Transitional
Item 22 - Transitional - annual registration charge and entry to market charges
46. Item 22 is a transitional provision and provides that, despite the repeal of sections
23 and 23A of the ESOS Act by the Bill, those sections continue to apply in relation to
a charge that became due for payment before the commencement of item 22, as if
that repeal had not happened.
47. This item has been inserted to ensure that registered providers who are liable to pay
the annual registration charge and the entry to market charges prior to 1 January
2022 and were not included in the COVID-19 measure exemption between 1 January
2020 and 31 December 2021 continue to have an obligation to pay those charges.
48. For example, on 1 January 2022, if Provider A is registered and has an anniversary
date of 1 January, and has outstanding payments due for a previous annual
registration charge or an entry to market charge, they are still liable to pay those
charges. However, Provider A is not liable to pay a second or third entry to market
charge, as the liability to pay those charges will not be incurred by Provider A until
the first and second anniversaries of its registration, which will occur after the
relevant provisions will be repealed.
49. From 1 January 2022 and following the commencement of this Bill, Provider A will be
liable to pay the new CRICOS annual registration charge and if Provider A applies for
renewal of its registration and is an approved school provider, they will be liable to
pay the schools renewal registration charge.
Item 23 - Transitional - automatic suspension
50. Item 23 is a transitional provision and provides that, despite the amendment of
section 90 of the ESOS Act made by the Bill (which deals with automatic suspension
for non-payment of levy or charge), that section continues to apply in relation to a
notice given under sections 23 or 23A of the ESOS Act before the commencement of
item 23, as if that amendment had not been made.
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51. This item has been inserted to ensure that the suspension of the registration of a
provider that has failed to pay the annual registration charge or the second and third
entry to market charges, is possible after 1 January 2022, regardless of the changes
made to section 90 of the ESOS Act, where a notice is given under sections 23 or 23A
(seeking payment of those charges) before 1 January 2022 and the provider fails to
comply with it.
Item 24 - Transitional - late payment penalties
52. Item 24 is a transitional provision and provides that, despite the amendment of
section 172 of the ESOS Act made by the Bill, that section continues to apply in
relation to a charge that became due for payment before the commencement of
item 24, as if that amendment had not been made.
53. This item has been inserted to ensure that registered providers who are liable to pay
any late payment penalties under section 172 of the ESOS Act, prior to 1 January
2022, continue to have an obligation to pay the penalties, regardless of the changes
made to the ESOS Act through the Bill.
Item 25 - Transitional - debts due to the Commonwealth
54. Item 25 is a transitional provision and provides that, despite the amendment of
section 173 of the ESOS Act made by the Bill, that section continues to apply in
relation to a charge that became due for payment before the commencement of
item 25, as if that amendment had not been made.
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Schedule 2--Amendments contingent on the commencement of the Tertiary Education
Quality and Standards Agency (Charges) Act 2021
Education Services for Overseas Students Act 2000
Item 1
1. Item 1 amends the registration requirements in section 11 of the ESOS Act to provide
that a registered provider, or a provider that used to be a registered provider, does
not meet the registration requirements if the provider is liable to pay a charge
imposed by the Tertiary Education Quality and Standards Agency (Charges) Act 2021
and the provider has not paid those charges.
2. This retains existing requirements for CRICOS registered providers to not have
outstanding liabilities to pay charges as part of the registration requirements set out
in section 11 of the ESOS Act. This requirement is in addition to the requirements set
out in Item 10 of Schedule 1, but this requirement will only commence if the Tertiary
Education Quality and Standards Agency (Charges) Act 2021 commences.
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