Part 5A, Division 2 · Education Services for Overseas Students Act 2000

Contents

Division 2 · Overseas Students Tuition Fund and TPS levies

Subdivision A · Overseas Students Tuition Fund

52AName of Fund#

(1)The Overseas Students Tuition Fund is established by this section.

(2)The Fund is a special account for the purposes of the Public Governance, Performance and Accountability Act 2013.

52BCredits to the OSTF#

There must be credited to the OSTF amounts equal to the following:

(a)all amounts of TPS levy received from providers (see section 24 and Subdivision B of this Division);

(b)all amounts recovered from providers under section 50C;

(c)any money the TPS Director borrows for the OSTF;

(d)any other money appropriated by the Parliament for the purpose of the OSTF;

(e)any late payment penalty received by the TPS Director;

(f)amounts received by the Commonwealth for the purposes of the OSTF.

Note: An Appropriation Act may contain a provision to the effect that, if any of the purposes of a special account is a purpose that is covered by an item in the Appropriation Act (whether or not the item expressly refers to the special account), then amounts may be debited against the appropriation for that item and credited to that special account.

52CPurposes of the OSTF#

(1)The purposes of the OSTF are as follows:

(a)making payments as a result of calls being made on the OSTF under Division 4 of Part 5;

(b)paying or discharging the costs, expenses and other obligations incurred by the Commonwealth in the performance of the TPS Director’s functions, including in managing the OSTF (subject to subsection (2));

(c)paying any remuneration and allowances payable to the TPS Director.

Note: See section 80 of the Public Governance, Performance and Accountability Act 2013 (which deals with special accounts).

(2)Paragraph (1)(b) does not include paying or discharging any costs, expenses or other obligations associated with services provided to the TPS Director by any employee or officer of the Department.

Subdivision B · TPS levies

53ATPS Director to work out the amount of TPS levies#

(1)For each calendar year, the TPS Director must determine the amount of TPS levy required from each provider who is required to pay a contribution.

(2)The TPS Director must determine the amount in accordance with the Education Services for Overseas Students (TPS Levies) Act 2012.

53BNotice of amount of TPS levy#

(1)The TPS Director must give a written notice to each provider who is liable to pay a TPS levy stating:

(a)the amount of the provider’s levy; and

(b)if the provider is registered—the day by which the provider must pay the levy.

Note: There is no particular due date for unregistered providers but they cannot be registered until they have paid their first TPS levy: see subparagraph 11(g)(ii).

(2)The day mentioned in paragraph (1)(b) of this section must be at least 14 days after the notice is given to the provider.

(3)The notice must also include:

(a)the reasons for the determination referred to in section 53A; and

(b)a statement that an application may be made under section 169AG for review of the determination by the Administrative Review Tribunal.

(4)A failure to give the notice required by this section does not affect the validity of the determination.

53CNotifying the ESOS agency of payment of first TPS levy#

(1)If a provider who is not yet registered has paid its first TPS levy, the TPS Director must notify the ESOS agency for the provider of the payment.

Note: The ESOS agency needs to know when the first TPS levy has been paid so that the provider can be registered: see subparagraph 11(g)(ii).

(2)A notification under subsection (1) must be given as soon as practicable after the provider has paid the levy.

53DReminder notices#

(1)The TPS Director must give a reminder notice to a registered provider who has not paid an amount of TPS levy by the end of the due day.

(2)The reminder notice must:

(a)specify the amount that is still owing; and

(b)state that the registered provider must pay the amount by the end of the seventh day after the reminder notice is given to the provider; and

(c)set out the effect of section 90.

Note: Section 90 provides that the provider’s registration is automatically suspended if the provider does not comply with the reminder notice.

(3)The TPS Director must tell the ESOS agency for the registered provider if the provider fails to comply with the reminder notice.

Sourced from the Federal Register of Legislation at legislation.gov.au, © Commonwealth of Australia, licensed under CC BY 4.0. Compilations may have been reformatted.