Senate debates

Tuesday, 10 August 2021

Bills

Education Services for Overseas Students (Registration Charges) Amendment Bill 2021, Education Services for Overseas Students (TPS Levies) Amendment Bill 2021, Education Services for Overseas Students Amendment (Cost Recovery and Other Measures) Bill 2021, Tertiary Education Quality and Standards Agency (Charges) Amendment Bill 2021; Second Reading

5:21 pm

Photo of Amanda StokerAmanda Stoker (Queensland, Liberal Party, Assistant Minister to the Attorney-General) Share this | Hansard source

I move:

That these bills be now read a second time.

I seek leave to have the second reading speeches incorporated in Hansard.

Leave granted.

The speeches read as follows—

Education Services for Overseas Students (Registration Charges) Amendment Bill 2021

The 2021-22 Budget includes a measure to implement an updated cost recovery model for registration charges for the Commonwealth Register of Institutions and Courses for Overseas Students - known as CRICOS, which are collected by the Department of Education, Skills and Employment. The new arrangements will reduce the amount paid by providers to the department by approximately $7 million per year.

Delivering the model requires amendments in four separate bills:

    Education Services for Overseas Students (Registration Charges) Act 1997 (Registration Charges Act)
    Education Services for Overseas Students Act 2000
    Education Services for Overseas Students (TPS Levies) Act 2012;
    Tertiary Education Quality and Standards Agency (Charges) Act 2021

This Bill outlines the proposed changes to charges payable by providers registering, or intending to be registered on CRICOS to deliver education and training services to overseas students. The amendments will result in a significant reduction in the department's collection of CRICOS charges from the international education sector.

The updated cost recovery model reflects the department's costs of administering and regulating CRICOS providers in accordance with the Australian Government Charging Framework (the Charging Framework). The key focus of the Charging Framework is to ensure that the cost of the regulation being provided should be borne by the entity, rather than those costs being met by taxpayers.

In addition to the department, the Australian Skills Quality Authority (ASQA) and Tertiary Education Quality Standards Agency (TEQSA) also have roles in regulating CRICOS registered providers. These regulators are known as ESOS agencies. ASQA is the ESOS agency for registered vocational education and training providers and standalone English Language Intensive Courses for Overseas Students providers. TEQSA is the ESOS agency for registered higher education providers, and the Secretary of the department is the ESOS agency for school providers.

From 1 January 2022, only the costs of the department's CRICOS regulatory effort will be recovered through the Registration Charges Act. ASQA and TEQSA will separately charge under their own legislative frameworks, ensuring clear lines of transparency and accountability between charging and regulatory practice.

This also protects providers from double charging and ensures the department, ASQA and TEQSA are all properly resourced to fulfil their ongoing compliance, analysis and monitoring obligations so that the quality and integrity of Australia's international education and training system is maintained.

Subject to the passage of this bill, the new charging arrangements will commence from 1 January 2022.

I commend this Bill to the chamber.

Education Services for Overseas Students (TPS Levies) Amendment Bill 2021

This Bill outlines the amendments that need to be made to the Education Services for Overseas Students (TPS Levies) Act 2012 as a result of amendments to the Education Services for Overseas Students (Registration Charges) Act 1997.

The Bill will add a definition of 'total enrolments' to the Act which is needed when calculating Tuition Protection Service levies, and because the existing definition will be repealed by the Education Services for Overseas Students (Registration Charges) Amendment Bill 2021.The definition will include clarification that an enrolment will be included in the calculation for the TPS levy when a student has an enrolment in a course and has also undertaken study in the relevant period.

Subject to the passage of this bill and the Registration Charges Bill, the new charging arrangements will commence from 1 January 2022.

I commend this Bill to the chamber.

Education Services for Overseas Students Amendment (Cost Recovery and Other Measures) Bill 2021

This Bill outlines the amendments that need to be made to the Education Services for Overseas Students Act 2000 to ensure consistency with the Education Services for Overseas Students (Registration Charges) Act 1997, particularly to require registered providers to be in good standing with all Education Services for Overseas Students agencies in regards to their Commonwealth Register of Institutions and Courses for Overseas Students fees and charges.

It clarifies the monitoring powers of ESOS agencies by making it explicit that these agencies are able to undertake the function of a compliance audit.

This Bill will also amend the ESOS Act to make the CRICOS annual registration charge payable within a 30-day period and to allow flexibility in the timing of annual charges if necessary, should unforeseen circumstances arise.

Subject to the passage of this bill and the Registration Charges Bill, the new charging arrangements will commence from 1 January 2022.

I commend this Bill to the chamber.

Tertiary Education Quality and Standards Agency (Charges) Amendment Bill 2021

This Bill will amend the Tertiary Education Quality and Standards Agency (Charges) Act 2021 to correctly refer to the charges to be established under the proposed amendments to the Education Services for Overseas Students (Registration Charges) Act 1997.

I commend this Bill to the chamber.

Debate adjourned.

I move:

That resumption of the debate be made an order of the day for a later hour.

Question agreed to.

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