Education Services for Overseas Students (Registration Charges) Amendment Act 2000

No. 167, 2000

An Act to amend the Education Services for Overseas Students (Registration Charges) Act 1997, and for related purposes

[Assented to 21 December 2000]

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Education Services for Overseas Students (Registration Charges) Amendment Act 2000.

2 Commencement

This Act commences on 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Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments

Education Services for Overseas Students (Registration Charges) Act 1997

1 Subsection 5(2) (table item 1)

Omit “$300”, substitute “$400”.

2 Subsection 5(2) (table item 2)

Omit “$750”, substitute “$1,165”.

3 Subsection 5(2) (table item 3)

Omit “$1,500”, substitute “$2,311”.

4 Subsection 5(2) (table item 4)

Omit “$2,500”, substitute “$3,852”.

5 Subsection 5(2) (table item 5)

Omit “$5,000”, substitute “$8,000”.

6 Subsection 5(2) (note)

Repeal the note, substitute:

Note 1: The amount of the charge is indexed under section 7 for 2002 and later years.

Note 2: The amount of the charge may be different from the amount specified in the table if an instrument under section 5A is in effect.

7 After section 5

Insert:

5A Variation of annual registration charge

(1) The Governor‑General may make a written instrument setting out an amount or amounts of annual registration charge that are different from the amount or amounts that would otherwise be payable for that year.

(2) The instrument must be expressed to apply to the first year beginning after it is made and all later years.

(3) The instrument may set out an amount for one class of provider only, or may set out different amounts for different classes of provider.

(4) The Minister must table a copy of the instrument in each House of the Parliament as soon as practicable.

(5) If each House of the Parliament passes a resolution approving the instrument, then, for each class of provider that the instrument relates to, the amount of annual registration charge payable for the relevant years is the amount set out in the instrument, instead of the amount that would otherwise be payable.

8 Subsection 7(1)

Omit “or annual registration charge”.

9 After subsection 7(1)

Insert:

(1A) This section also applies for the purpose of working out the amount of annual registration charge for any year (also called the current year) after 2001, unless that year is the first year to which a particular section 5A instrument applies.

Note: The reason for the exception is that the possibility of indexation for that year can be taken into account in making the instrument, so there is no need for this section to apply as well.

10 Subsection 7(2)

After “subsection 5(2)”, insert “or an instrument in effect under section 5A”.

11 Application of amendments

The amendments made by this Schedule apply in working out the amount of charge payable for 2001 and all later years.

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1—Amendments

5A Variation of annual registration charge