Education (Overseas Students) Regulation 2014

1Short title

This regulation may be cited as the Education (Overseas Students) Regulation 2014.

2Commencement

This regulation commences on 1 September 2014.

3Definitions for pt 2

In this part—

non-State school means an accredited school under the Education (Accreditation of Non-State Schools) Act 2017.

def non-State school sub 2017 Act No. 24 s 228

registration includes a change of registration and a renewal of registration.

State instructional institution see the Education (General Provisions) Act 2006, schedule 4.

4Persons who may make applications—Act, s 7(1)

For section 7(1) of the Act, the following persons may make an application under that section—

(a)a person authorised in writing by the chief executive to provide, arrange or promote a course conducted by a State instructional institution;

(b)a person authorised in writing by the governing body of a non-State school if the non-State school intends to provide, arrange or promote a course to an overseas student.

5Registration criteria—Act, schedule, definition registration criteria

For the Act, schedule, definition, registration criteria, the registration criteria are as follows—

(a)the application requirements and standards contained in the National Code of Practice for Providers of Education and Training to Overseas Students made under the Education Services for Overseas Students Act 2000 (Cwlth), part 4;

(b)if the applicant or the course must be accredited, approved, registered or otherwise recognised under a law (other than the Act), the applicant or the course must be accredited, approved, registered or otherwise recognised under the law;

(c)for registration of a course that is an English Language Intensive Course for Overseas Students (ELICOS), the course must be accredited, endorsed or otherwise recognised by the National ELT Accreditation Scheme Limited ACN 003 980 667.

6Information to be kept in register—Act, s 26(2)

(1)For section 26(2) of the Act, the register of registered providers and registered courses must contain the information stated in sections 7 and 8.

(2)However, the register may contain other information if the chief executive considers it appropriate.

7Information about each registered provider

For each registered provider, the register must contain—

(a)the information to be included in a registration certificate under section 9(4)(a) of the Act; and

(b)other names used by the registered provider in promoting registered courses provided by the registered provider; and

(c)if the registered provider is not an individual—

(i)information about its legal status; and

(ii)any Australian company number or Australian registered body number for the registered provider under the Corporations Law; and

(iii)the name and title of its chief executive officer; and

(d)the address, a telephone number and a fax number (if any) for the central or head office or campus of the registered provider; and

(e)details of any suspensions or cancellations about the registered provider.

8Information about each registered course

For each registered course, the register must contain—

(a)the information to be included in a registration certificate under section 9(4)(b) of the Act; and

(b)the cost and duration of the course; and

(c)details of any suspensions and cancellations about the course and its registered provider.

9Application of pt 4

This part prescribes the fees for section 7(2)(b) of the Act.

10Fee for application for registration or renewal of registration as provider

The fee for an application for registration as a provider, or an application to renew the registration of a provider, is $346.55.

s 10 amd 2014 SL No. 228 s 11; 2015 SL No. 132 s 8; 2016 SL No. 180 s 9; 2017 SL No. 195 s 9

11Fee for application for registration or renewal of registration of course

(1)The fee for a registered course application is $86.70.

(2)If a registered course application relates to more than 20 courses, the fee mentioned in subsection (1) is increased by $86.70 for each multiple of 20 courses or part of a multiple.

(3)However, for a registered course application that is made on the same day as the provider of the course or courses makes a registered provider application—

(a)if the registered provider application relates to not more than 20 courses—the fee otherwise payable under subsection (1) is waived; or

(b)if the registered provider application relates to more than 20 courses—the fee otherwise payable under subsections (1) and (2) is reduced by $86.70.

(4)In this section—

registered course application means—

(a)an application for registration of a course or courses; or

(b)an application to renew the registration of a course or courses.

registered provider application means—

(a)an application for registration as a provider; or

(b)an application to renew the registration of a registered provider.

s 11 amd 2014 SL No. 228 s 12; 2015 SL No. 132 s 9; 2016 SL No. 180 s 10; 2017 SL No. 195 s 10

12Fee for application to change registration of provider or course

The fee for an application to change the registration of a registered provider or registered course is $86.70.

s 12 amd 2014 SL No. 228 s 13; 2015 SL No. 132 s 10; 2016 SL No. 180 s 11; 2017 SL No. 195 s 11