Education (Tertiary Reform) Amendment Act 2002

30 New sections 238H and 238I substituted
  • The principal Act is amended by repealing section 238H, and substituting the following sections:

    238H Export education levy
    • (1) The Governor-General may, by Order in Council, in accordance with a recommendation of the Minister, make regulations imposing an export education levy on providers who receive tuition fees from international students enrolled with them.

      (2) Without limiting subsection (1), regulations made under this section must—

      • (a) prescribe the amount, a method or methods for calculating the amount, or both, of export education levy payable by individual providers, and may prescribe different amounts, or different methods of calculating the amounts, payable by different classes of provider; and

      • (b) prescribe when the levy, or any part of the levy, is payable, and the period to which it, or any part of it, relates; and

      • (c) designate the agency that will administer the levy and, if that agency is the Ministry, the regulations may authorise the Ministry to delegate all or specified aspects of the levy's collection and use to another body; and

      • (d) require that a provider supplies, on request by the agency responsible for the administration of the levy, information on student numbers or any other matter that is necessary to determine or verify the amount of levy payable by the provider; and

      • (e) otherwise provide for the collection and use of the levy in accordance with this section and section 238I.

      (3) The Minister must consult with providers before recommending that regulations be made under subsection (1) that prescribe or amend an export education levy.

      (4) No regulations may be made under this section that impose a levy in respect of tuition fees received in respect of any period before 1 January 2003.

    238I Purpose and administration of export education levy
    • (1) The purposes to which the funds of the levy may be put are as follows:

      • (a) the development, promotion, and quality assurance of the export education sector, which may include (without limitation)—

        • (i) professional and institutional development; and

        • (ii) marketing; and

        • (iii) implementation of scholarship schemes; and

        • (iv) research, and resource development; and

        • (v) support (financial or otherwise) of other bodies engaged in the development, promotion, or quality assurance of the export education sector:

      • (b) the administration and audit of the code:

      • (c) the general administration of the levy and associated purposes.

      (2) The funds of the levy must be kept in a separate bank account that is used only for the purposes of the levy.

      (3) As soon as practicable after 1 July in each year, the agency responsible for the administration of the levy must present to the Minister an annual report on the administration of the levy, which must include audited financial statements prepared in accordance with generally accepted accounting practice; and the Minister must present a copy of the report to the House of Representatives.

      (4) The amount of levy payable by a provider under regulations made under this section is a debt due to the Crown and may be recovered in any court of competent jurisdiction.

      (5) No later than 1 March 2006, the Minister must—

      • (a) undertake, in consultation with providers, a review of the operation, administration, and effectiveness of the export education levy; and

      • (b) prepare a report on the findings of the review; and

      • (c) present a copy of the report to the House of Representatives.