Education Services for Overseas Students (Consequential and Transitional) Act 2000

This section and section 1 commence on the day on which this Act receives the Royal Assent.

Item 1 of Schedule 4 commences at the later of:

the time when Parts 4 to 10 of the Act that establishes the Administrative Review Tribunal commence; and

immediately after the commencement of section 5 of the Education Services for Overseas Students Act 2000.

The Act that establishes the Administrative Review Tribunal is either the Administrative Review Tribunal Act 2000 or the Administrative Review Tribunal Act 2001.

The rest of Schedule 4 commences at the later of:

the time when Parts 4 to 10 of the Act that establishes the Administrative Review Tribunal commence; and

immediately after the commencement of section 176 of the Education Services for Overseas Students Act 2000.

The remaining provisions of this Act commence on a day or days to be fixed by Proclamation.

However, if any of those remaining provisions do not commence under subsection (4) within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

In this Act:

Other expressions used in this Act have the same meaning as in the new ESOS Act.

The Minister must publish a notice in the Gazette specifying the starting day of the obligations in sections 19, 20 and 21 of the new ESOS Act. The starting day must be at least 28 days after the day of the publication.

The Minister must also notify in writing each registered provider of the starting day.

The requirements in section 19 (giving information about accepted students) of the new ESOS Act apply to all events that happen on or after the starting day in relation to all persons who became or become accepted students on or after that day.

The requirements in paragraphs 19(1)(d) and (e) and subsection 19(2) of the new ESOS Act also apply to events that happen on or after the starting day in relation to persons who became accepted students before that day.

The requirements in section 20 (sending students notice of visa breaches) of the new ESOS Act apply to all breaches that happen on or after the starting day.

The requirements in section 21 (record keeping) of the new ESOS Act apply to all current and future accepted students from the starting day onwards.

However, the notice under subitem (1) may prescribe a period or further period giving providers who are registered when the requirement in section 21 takes effect extra time to comply with the requirement.

The registration of a provider that was in effect under the old ESOS Act immediately before the commencement of this item continues to have effect after that time as if the registration had been done for the same courses under the new ESOS Act.

If that registration was suspended under the old ESOS Act immediately before the commencement of this item, the new registration has effect after that time as if it had been suspended to the same extent under the new ESOS Act.

The requirements in the old ESOS Act relating to notified trust accounts continue to apply until Part 5 of the new ESOS Act commences even if Schedule 1 to this Act repealed those requirements earlier.

The requirements in the new ESOS Act relating to the ESOS Assurance Fund apply to 2001 and later years.

However, the Minister may publish a notice in the Gazette stating that those Fund requirements apply instead to 2002 and later years.

In that case, the requirements in the old ESOS Act relating to notified trust accounts continue to apply until the later of:

the beginning of 2002; and

the commencement of Part 5 of the new ESOS Act;

This item applies to course money that was in a notified trust account immediately before the requirements in the old ESOS Act relating to such accounts ceased to apply.

The course money is no longer considered to be held on trust after that time.