Education Service Providers (Full Fee Overseas Students) Registration Act 1991
Education Service Providers (Full Fee Overseas Students) Registration Regulations 1992
Western Australia
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 table11
Defined terms
Western Australia
Education Service Providers (Full Fee Overseas Students) Registration Act 1991
Education Service Providers (Full Fee Overseas Students) Registration Regulations 1992
These regulations may be cited as the Education Service Providers (Full Fee Overseas Students) Registration Regulations 1992.
These regulations come into operation on the day on which the Act comes into operation.
(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.
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.
(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.
(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: Gazette 6 Sep 1996 p. 4408.]
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.
[Reg. 4]
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 ...................................... $334
—if the number of full fee overseas
students at the education service
provider is 10 or more ........................................ $828
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 .................................................. $334
—if the number of full fee overseas
students at the education service
provider is 10 or more ..................................................... $828
4. For a notice under section 18(3) of any other
change in particulars .......................................................................$20
[Schedule 1 amended: 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; 12 Jun 2015 p. 2023‑4; 27 Jun 2017 p. 3417; SL 2022/61 r. 4.]
[Reg. 5]
Exempted education service providers
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Aquinas College |
Manning |
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Aranmore Catholic College |
Leederville |
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Australian Islamic College |
Thornlie |
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Bunbury Cathedral Grammar School |
Bunbury |
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Carmel Adventist College |
Carmel |
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Catholic Agricultural College |
Bindoon |
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Chisholm Catholic College |
Bedford |
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Christ Church Grammar School |
Claremont |
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Christian Brothers College Fremantle |
Fremantle |
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Christ the King School |
Beaconsfield |
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Foothills School |
Guildford |
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Guildford Grammar School |
Guildford |
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Hale School |
Wembley Downs |
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Iona Presentation College |
Mosman Park |
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John Paul XXIII College |
Claremont |
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Lake Joondalup Baptist College |
Joondalup |
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Mazenod College |
Lesmurdie |
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Mercy College |
Koondoola |
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Methodist Ladies College |
Claremont |
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Montessori School |
Kingsley |
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Nagle Catholic College |
Geraldton |
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Newman College |
Doubleview |
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Orana Catholic Primary School |
Willetton |
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Penrhos College |
Como |
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Perth College (Inc.) |
Mt Lawley |
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Perth Montessori School |
Victoria Park |
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Pioneer Village School |
Armadale |
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Presbyterian Ladies College |
Cottesloe |
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Quinns Baptist College |
Quinns Rocks |
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Sacred Heart College |
Sorrento |
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Sacred Heart Primary School |
Mt Lawley |
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Santa Maria College |
Attadale |
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Scotch College |
Claremont |
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Servite College |
Tuart Hill |
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Seton Catholic College |
Samson |
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St Andrew’s Grammar |
Dianella |
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St Brigid’s College |
Lesmurdie |
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St Denis School |
Joondanna |
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St Hilda’s Anglican School for Girls |
Mosman Park |
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St John’s School |
Scarborough |
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St Joseph’s College |
Albany |
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St Jude’s Catholic School |
Langford |
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St Luke’s College |
Karratha |
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St Mary’s Anglican Girls School |
Karrinyup |
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St Michael’s School |
Bassendean |
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St Norbet College |
Cannington |
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St Paul’s Primary School |
Mount Lawley |
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St Pius X Catholic Primary School |
Manning |
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St Stephen’s School |
Duncraig |
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Swan Christian High School |
Midland |
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Trinity College |
East Perth |
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Ursula Frayne Catholic College |
Victoria Park |
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Wesley College |
South Perth |
[Schedule 2 inserted: Gazette 22 Dec 1995 p. 6168‑9; amended in Gazette 7 Mar 1997 p. 1405.]
[Regulation 9]
Form 1
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Education Service Provider: ................................................................................................ Page number ........................ of ................................. pages. |
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Field 13 |
Broad field of study (code) |
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Field 12 |
Studied in W.A. or off‑shore |
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Field 11 |
Student transfer (code) |
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Field 10 |
Weeks studied |
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Field 9 |
Course finish date |
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Field 8 |
Course start date |
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Field 7 |
Level of course (code) |
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Field 6 |
Type of course (code) |
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Education Service Providers (Full Fee Overseas Students) Registration Act 1992 ANNUAL RETURN |
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Field 5 |
Date of birth |
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Field 4 |
Gender (M/F) |
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Field 3 |
Country of origin (code) |
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Field 2 |
Student number |
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[Schedule 3 inserted: Gazette 6 Sep 1996 p. 4409.]
This is a compilation of the Education Service Providers (Full Fee Overseas Students) Registration Regulations 1992 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.
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Citation |
Published |
Commencement |
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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) |
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Education Service Providers (Full Fee Overseas Students) Registration Amendment Regulations 1995 |
6 Oct 1995 p. 4733‑4 |
6 Oct 1995 |
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Education Service Providers (Full Fee Overseas Students) Registration Amendment Regulations (No. 2) 1995 |
22 Dec 1995 p. 6168‑9 |
22 Dec 1995 |
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Education Service Providers (Full Fee Overseas Students) Registration Amendment Regulations 1996 |
6 Sep 1996 p. 4408‑9 |
6 Sep 1996 |
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Education Service Providers (Full Fee Overseas Students) Registration Amendment Regulations 1997 |
7 Mar 1997 p. 1404‑5 |
17 Apr 1997 (see r. 2) |
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Reprint of the Education Service Providers (Full Fee Overseas Students) Registration Regulations 1992 as at 11 Oct 2002 (includes amendments listed above) |
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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)); |
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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)); |
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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)); |
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Reprint 2: The Education Service Providers (Full Fee Overseas Students) Registration Regulations 1992 as at 7 Nov 2014 (includes amendments listed above) |
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Education Service Providers (Full Fee Overseas Students) Registration Amendment Regulations 2015 |
12 Jun 2015 p. 2023‑4 |
r. 1 and 2: 12 Jun 2015 (see r. 2(a)); |
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Education and Training Regulations Amendment (Fees) Regulations 2017 Pt. 2 |
27 Jun 2017 p. 3416‑19 |
1 Jul 2017 (see r. 2(b)) |
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Education and Training Regulations Amendment (Fees and Charges) Regulations 2022 Pt. 2 |
SL 2022/61 3 Jun 2022 |
1 Jul 2022 (see r. 2(b)) |
[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)