Commonwealth Numbered Acts

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EDUCATION SERVICES FOR OVERSEAS STUDENTS ACT 2000 - SECT 5

Definitions
In this Act, unless the contrary intention appears:

"accepted student" of a registered provider means a student (whether within or outside Australia):

(a)
who is accepted for enrolment, or enrolled, in a course provided by the provider; and

(b)
who is, or will be, required to hold a student visa to undertake or continue the course.

"agent" of a provider means a person (whether within or outside Australia) who represents or acts on behalf of the provider, or purports to do so, in dealing with overseas students or intending overseas students.

"annual Fund contribution "means an annual contribution that a provider is required to pay to the Fund Manager under subparagraph 9(2)(b)(i) or subsection 24(1).

"annual registration charge "means the annual registration charge imposed under the Education Services for Overseas Students (Registration Charges) Act 1997 .

"approved provider" for a course for a State means a provider approved by the designated authority for the State to provide that course in the State to overseas students, other than an approval that has been withdrawn by that authority.

"associate" of a person has the meaning given by section 6.

"attendance notice "means a notice given under section 116.

"authorised employee" means a person who:

(a)
is authorised in writing by the Secretary to exercise powers under Part 7; and

(b)
is an employee of the Department; and

(c)
holds the classification of APS 5 or higher, or an equivalent classification.

"contributions criteria" means the criteria determined under section 59 for working out how much annual Fund contribution each provider must pay.

"course" means a course of education or training.

"course money" has the meaning given by section 7.

"designated authority" for a State means the person responsible under the law of the State for approving providers to provide courses to overseas students in the State.

"document "includes a copy of a document.

"evidential material "means either of the following:

(a)
a thing that there are reasonable grounds for suspecting will afford evidence as to the commission or suspected commission of an offence against this Act;

(b)
a thing that there are reasonable grounds for suspecting is intended to be used for the purpose of committing any such offence.

"Fund "means the ESOS Assurance Fund established under section 45.

"Fund Manager" means the Fund Manager appointed under section 49.

"Immigration Minister" means any of the Ministers who administer the Migration Act 1958 from time to time.

"Immigration Minister's suspension certificate" means a certificate given under Division 2 of Part 6.

"initial registration charge "means the initial registration charge imposed under the Education Services for Overseas Students (Registration Charges) Act 1997 .

"intending overseas student" means a person (whether within or outside Australia) who intends to become, or who has taken any steps towards becoming, an overseas student.

"late payment penalty "means the penalty imposed by section 172.

"monitoring purpose "means a purpose of determining:

(a)
whether a registered provider is complying or has complied with the requirements of this Act or the national code; or

(b)
whether, because of financial difficulty or any other reason, the provider might not be able to:

(i)
provide courses to its accepted students; or
(ii)
refund course money to its accepted students.
"monitoring warrant" means a warrant issued under section 138 or subsection 165(2).

"national code "means the code established under Part 4, as amended from time to time.

"occupier":

(a)
in relation to premises comprising a vehicle or vessel—means the person apparently in charge of the vehicle or vessel; and

(b)
in any case—includes a person who apparently represents the occupier.

"old ESOS Act "means the Education Services for Overseas Students (Registration of Providers and Financial Regulation) Act 1991 .

"overseas student" means a person (whether within or outside Australia) who holds a student visa, but does not include students of a kind prescribed in the regulations.

"Panel "means the Contributions Review Panel established under section 54.

"premises" means:

(a)
an area of land or any other place, whether or not it is enclosed or built on; or

(b)
a building or other structure; or

(c)
a vehicle or vessel;

and includes a part of any such premises.

"principal executive officer" of a provider that is not an individual means the person who has executive responsibility for the operation of the provider.

"production notice" means a notice given under section 113.

"provide" a course includes participate in providing the course.

"provider" means an institution or other body or person in Australia that provides or seeks to provide courses to overseas students.

"Register" means the Register kept under section 10.

"registered" means registered under Part 2.

"registered provider" for a course for a State means an approved provider that is registered as a provider for the course for the State.

"reinstatement fee "means the fee imposed by section 171.

"resident "means:

(a)
in the case of a company, a company incorporated in Australia that carries on business in Australia and that has its central management and control in Australia; or

(b)
in the case of an unincorporated body, a body that carries on business in Australia and that has its central management and control in Australia.

"search warrant" means a warrant issued under section 144 or subsection 165(3).

"Secretary" means the Secretary of the Department.

"special levy "means a levy that is required to be paid to the Fund Manager under section 72 .

"State" includes the Australian Capital Territory and the Northern Territory.

"student visa" has the meaning given by the regulations.

"this Act" includes the regulations.

"tribunal member" means a member of the Administrative Appeals Tribunal.

"tuition assurance scheme" means a scheme whose main objects include ensuring that overseas students receive the course they have paid for.


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