The 1998-1999-2000
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:
1 Short title
This Act may be cited as the Education Services for Overseas Students
(Consequential and Transitional) Act 2000.
2 Commencement
(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.
3 Schedule(s)
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Act is amended or repealed as set out in the applicable items in the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.
4 Definitions
(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.
Schedule 1--Repeal of the old 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".
Schedule 2--Application and transitional
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 who providers 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.
Schedule 3--Amendment of the Migration Act
Part 1--Disclosure of immigration information
Migration Act 1958
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:
488A Giving information to other relevant agencies
(1) For the purposes of:
(a) assisting wi...