Education Services for Overseas Students (Registration Charges) Amendment (Tuition Protection Service) Act 2012

No. 10, 2012

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

[Assented to 20 March 2012]

The Parliament of Australia enacts:

This Act may be cited as the Education Services for Overseas Students (Registration Charges) Amendment (Tuition Protection Service) Act 2012.

2 Commencement

(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provision(s)	Commencement	Date/Details
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table	The day this Act receives the Royal Assent.	20 March 2012
2. Schedule 1	The later of: (a) immediately after the commencement of Part 1 of Schedule 2 to the Education Services for Overseas Students Legislation Amendment (Tuition Protection Service and Other Measures) Act 2012; and (b) immediately after the commencement of Schedule 1 to the Education Services for Overseas Students (Registration Charges) Amendment Act 2011. However, the provision(s) do not commence at all unless both of the events mentioned in paragraphs (a) and (b) occur.	1 July 2012 (paragraph (a) applies)

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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(6)

Repeal the subsection, substitute:

(6) For the purposes of this section, a course is taken to be a separate course at each location at which the provider is registered to provide the course.

2 Subsection 6(1)

Repeal the subsection, substitute:

Application of section

(1) This section applies if:

(a) a designated authority recommends under section 9AA of the Education Services for Overseas Students Act 2000 (the ESOS Act) that a provider be registered under that Act to provide a course at a location to overseas students; and

(b) the provider meets the requirements in subsection 9AB(1) of that Act, other than the requirement in paragraph 9AB(1)(c); and

(c) at the time the provider meets those requirements, the provider is not registered to provide any course at any locations.

3 Subsection 6(2) (table)

Omit “for the State under section 9” (wherever occurring), substitute “at the location under section 9AB”.

4 Subsection 6(3)

Omit “for the State”, substitute “at the location”.