Education Service Providers (Full Fee Overseas Students) Registration Act 1991

Education Service Providers (Full Fee Overseas Students) Registration Regulations 1992

Reprint 2: The regulations as at 7 November 2014


Guide for using this reprint

What the reprint includes

Endnotes, Compilation table, and Table of provisions that have not come into operation

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3.A table of provisions that have not come into operation, to be found in endnote 1a if it is needed, lists any provisions of the regulations being reprinted that have not come into operation and any amendments that have not come into operation. The full text is set out in another endnote that is referred to in the table.

Notes amongst text (italicised and within square brackets)

1.If the reprint includes a regulation that was inserted, or has been amended, since the regulations being reprinted were made, editorial notes at the foot of the regulation give some history of how the regulation came to be as it is. If the regulation replaced an earlier regulation, no history of the earlier regulation is given (the full history of the regulations is in the Compilation table).

Notes of this kind may also be at the foot of Schedules or headings.

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Reprint numbering and date

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2.The information in the reprint is current on the date shown as the date as at which the regulations are reprinted. That date is not the date when the reprint was published by the State Law Publisher and it is probably not the date when the most recent amendment had effect.

 

 

 

 

Reprinted under the Reprints Act 1984 as

at 7 November 2014

Education Service Providers (Full Fee Overseas Students) Registration Regulations 1992

Contents

1.Citation1

2.Commencement1

3.Terms used1

4.Fees2

5.Exempted education service providers2

6.Renewal of registration2

7.Particulars to be included in register3

8.Notification of changes in particulars3

9.Annual returns4

10.Offences4

11.Operation of approved accounts and trust accounts4

Schedule 1 — Fees

Schedule 2 — Exempted education service providers

Schedule 3 — Forms

Notes

Compilation table10

Defined terms

 

 

Crest

Reprinted under the Reprints Act 1984 as

at 7 November 2014

Education Service Providers (Full Fee Overseas Students) Registration Act 1991

Education Service Providers (Full Fee Overseas Students) Registration Regulations 1992

1.Citation

These regulations may be cited as the Education Service Providers (Full Fee Overseas Students) Registration Regulations 1992 1.

2.Commencement

These regulations come into operation on the day on which the Act comes into operation 1.

3.Terms used

(1)In these regulations, unless the contrary intention appears — 

approved means approved by the chief executive officer;

exempted education service provider means an education service provider exempted under regulation 5;

register means the register of education service providers kept under section 41;

section means a section of the Act.

(2)A reference in these regulations to registration or the renewal of registration includes a reference to the issue or renewal of a certificate of registration under section 18.

4.Fees

The fees set out in Schedule 1 are payable in respect of the matters referred to in that Schedule.

5.Exempted education service providers

An education service provider mentioned in Schedule 2 is exempted from — 

(a)section 9, 10 or 11, whichever is applicable; and

(b)Part 3 of the Act other than sections 22, 25 and 28.

6.Renewal of registration

(1)An application for renewal of registration under the Act shall be made in the approved form not earlier than 90 days and not later than 30 days before the date on which the registration expires.

(2)An application under subregulation (1) shall be accompanied by the fee set out in Schedule 1.

(3)If — 

(a)an application is made, and the fee is paid, under this regulation; and

(b)the chief executive officer is satisfied — 

(i)as to the matters referred to in section 13(1); and

(ii)if section 9, 10 or 11 is applicable, as to the matters referred to in that section,

the chief executive officer shall renew the registration of the education service provider subject to such conditions (if any) as the chief executive officer imposes under section 15.

7.Particulars to be included in register

The register of education service providers is to contain the following particulars with respect to each registered education service provider — 

(a)the name, principal location and other contact details of the education service provider; and

(b)the registered name, address and other contact details of the proprietor of the education service provider; and

(c)the name, title, address and other contact details of the vice‑chancellor, director or principal of the education service provider; and

(d)the name, title, address and other contact details of the person designated by the education service provider as the person who has particular responsibility for overseas students; and

(e)the name and location of other premises of the education service provider; and

(f)the title, duration and tuition fee for each education service that the education service provider provides to full fee overseas students; and

(g)the amount and purpose of any additional fees charged of full fee overseas students; and

(h)the information supplied by the education service provider as to the number of full fee overseas student numbers to whom it provides education services.

8.Notification of changes in particulars

(1)A registered education service provider shall notify the chief executive officer in writing as soon as practicable after any change occurs in relation to — 

(a)any of the particulars contained in the register with respect to that education service provider; or

(b)any matter relating to that education service provider of a kind referred to in section 13(1); or

(c)any other information supplied by that education service provider in its most recent application for registration or renewal of registration.

(2)Subregulation (1) does not apply to a change in respect of which an application or notice has to be given under section 18.

9.Annual returns

(1)Not later than 30 April each year a registered education service provider must give to the chief executive officer an annual return for the year ending on the previous 31 December.

(2)An annual return — 

(a)must be in the form of Form 1 in Schedule 3 or in another form approved by the chief executive officer; and

(b)may be provided on computer disc or by another electronic or other method, if that is approved by the chief executive officer.

[Regulation 9 inserted in Gazette 6 Sep 1996 p. 4408.]

10.Offences

A person who contravenes regulation 8 or 9 commits an offence and is liable to a penalty of $1 000.

11.Operation of approved accounts and trust accounts

If, under section 16, an education service provider to which that section applies is directed by the chief executive officer to pay students’ funds into an approved account or an approved trust account the education service provider shall — 

(a)operate the approved account or approved trust account; and

(b)make payments into and out of the approved account or approved trust account; and

(c)pay interest derived from students’ funds,

in accordance with the contractual arrangements referred to in section 13(1)(e) and any conditions imposed by the chief executive officer under section 15.

 

Schedule 1

[Reg. 4]

Fees

1. For — 

(a)an application under section 9, 10, 11, 12 or 20 for registration of an education service provider;

(b)an application under regulation 6 for renewal of the registration of an education service provider;

(c)an application under section 18(1) for the amendment of a certificate of registration by adding one or more education services:

—if the number of full fee overseas
students at the education service
provider is less than 10 ...................................... $300

—if the number of full fee overseas
students at the education service
provider is 10 or more ........................................ $745

2.For an application under section 18(1) for the amendment
of a certificate of registration by deleting one or more
education services ...........................................................................$20

3. For a notice under section 18(3) of a change in particulars where there is a change in the proprietorship of the education service provider:

—if the number of full fee overseas
students at the education service
provider is less than 10 .................................................. $300

—if the number of full fee overseas
students at the education service
provider is 10 or more ......................................................$745

4. For a notice under section 18(3) of any other
change in particulars .......................................................................$20

[Schedule 1 amended in Gazette 6 Oct 1995 p. 4734; 7 Mar 1997 p. 1404; 14 Aug 2009 p. 3185; 25 Nov 2011 p. 4870; 8 Oct 2013 p. 4591-2.]

 

Schedule 2

[Reg. 5]

Exempted education service providers

Aquinas College

Manning

Aranmore Catholic College

Leederville

Australian Islamic College

Thornlie

Bunbury Cathedral Grammar School

Bunbury

Carmel Adventist College

Carmel

Catholic Agricultural College

Bindoon

Chisholm Catholic College

Bedford

Christ Church Grammar School

Claremont

Christian Brothers College Fremantle

Fremantle

Christ the King School

Beaconsfield

Foothills School

Guildford

Guildford Grammar School

Guildford

Hale School

Wembley Downs

Iona Presentation College

Mosman Park

John Paul XXIII College

Claremont

Lake Joondalup Baptist College

Joondalup

Mazenod College

Lesmurdie

Mercy College

Koondoola

Methodist Ladies College

Claremont

Montessori School

Kingsley

Nagle Catholic College

Geraldton

Newman College

Doubleview

Orana Catholic Primary School

Willetton

Penrhos College

Como

Perth College (Inc.)

Mt Lawley

Perth Montessori School

Victoria Park

Pioneer Village School

Armadale

Presbyterian Ladies College

Cottesloe

Quinns Baptist College

Quinns Rocks

Sacred Heart College

Sorrento

Sacred Heart Primary School

Mt Lawley

Santa Maria College

Attadale

Scotch College

Claremont

Servite College

Tuart Hill

Seton Catholic College

Samson

St Andrew’s Grammar

Dianella

St Brigid’s College

Lesmurdie

St Denis School

Joondanna

St Hilda’s Anglican School for Girls

Mosman Park

St John’s School

Scarborough

St Joseph ’s College

Albany

St Jude’s Catholic School

Langford

St Luke’s College

Karratha

St Mary’s Anglican Girls School

Karrinyup

St Michael’s School

Bassendean

St Norbet College

Cannington

St Paul ’s Primary School

Mount Lawley

St Pius X Catholic Primary School

Manning

St Stephen’s School

Duncraig

Swan Christian High School

Midland

Trinity College

East Perth

Ursula Frayne Catholic College

Victoria Park

Wesley College

South Perth

[Schedule 2 inserted in Gazette 22 Dec 1995 p. 6168‑9; amended in Gazette 7 Mar 1997 p. 1405.]

 

Schedule 3 — Forms

[Regulation 9]

Form 1

Education Service Provider:

................................................................................................

Page number ........................ of ................................. pages.

 

Field 13

Broad field of study (code)

 

 

 

 

 

 

 

 

 

 

 

 

Field 12

Studied in W.A. or off‑shore

 

 

 

 

 

 

 

 

 

 

 

 

Field 11

Student transfer (code)

 

 

 

 

 

 

 

 

 

 

 

 

Field 10

Weeks studied

 

 

 

 

 

 

 

 

 

 

 

 

Field 9

Course finish date

 

 

 

 

 

 

 

 

 

 

 

 

Field 8

Course start date

 

 

 

 

 

 

 

 

 

 

 

 

Field 7

Level of course (code)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Field 6

Type of course (code)

 

 

 

 

 

 

 

 

 

 

 

Education Service Providers (Full Fee Overseas Students) Registration Act 1992

ANNUAL RETURN

 

Field 5

Date of birth

 

 

 

 

 

 

 

 

 

 

 

 

Field 4

Gender (M/F)

 

 

 

 

 

 

 

 

 

 

 

 

Field 3

Country of origin (code)

 

 

 

 

 

 

 

 

 

 

 

 

Field 2

Student number

 

 

 

 

 

 

 

 

 

 

 

[Schedule 3 inserted in Gazette 6 Sep 1996 p. 4409.]

dline

 

 

Notes

1This reprint is a compilation as at 7 November 2014 of the Education Service Providers (Full Fee Overseas Students) Registration Regulations 1992 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.

Compilation table

Citation

Gazettal

Commencement

Education Service Providers (Full Fee Overseas Students) Registration Regulations 1992

16 Oct 1992 p. 5115‑18

16 Oct 1992 (see r. 2 and Gazette 16 Oct 1992 p. 5114)

Education Service Providers (Full Fee Overseas Students) Registration Amendment Regulations 1995

6 Oct 1995 p. 4733‑4

6 Oct 1995

Education Service Providers (Full Fee Overseas Students) Registration Amendment Regulations (No. 2) 1995

22 Dec 1995 p. 6168‑9

22 Dec 1995

Education Service Providers (Full Fee Overseas Students) Registration Amendment Regulations 1996

6 Sep 1996 p. 4408‑9

6 Sep 1996

Education Service Providers (Full Fee Overseas Students) Registration Amendment Regulations 1997

7 Mar 1997 p. 1404‑5

17 Apr 1997 (see r. 2)

Reprint of the Education Service Providers (Full Fee Overseas Students) Registration Regulations 1992 as at 11 Oct 2002 (includes amendments listed above)

Education Service Providers (Full Fee Overseas Students) Registration Amendment Regulations 2009

14 Aug 2009 p. 3184-5

r. 1 and 2: 14 Aug 2009 (see r. 2(a));
Regulations other than r. 1 and 2: 15 Aug 2009 (see r. 2(b))

Education Service Providers (Full Fee Overseas Students) Registration Amendment Regulations 2011

25 Nov 2011 p. 4869‑70

r. 1 and 2: 25 Nov 2011 (see r. 2(a));
Regulations other than r. 1 and 2: 26 Nov 2011 (see r. 2(b))

Education Service Providers (Full Fee Overseas Students) Registration Amendment Regulations 2013

8 Oct 2013 p. 4591-2

r. 1 and 2: 8 Oct 2013 (see r. 2(a));
Regulations other than r. 1 and 2: 9 Oct 2013 (see r. 2(b))

Reprint 2: The Education Service Providers (Full Fee Overseas Students) Registration Regulations 1992 as at 7 Nov 2014 (includes amendments listed above)

 

 

 

Defined terms

 

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined termProvision(s)

approved3(1)

exempted education service provider3(1)

register3(1)

section3(1)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

By Authority: JOHN A. STRIJK, Government Printer